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L161— 0-1096 


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ORDINANCES 


OP  THE 

mWBM  0OTOT2L 

OF  THE 


OF  SCHENECTADY, 


i-;-  ; PASSED  SINCE  1ST  JUNE,  1333. 
■Bgf  TO  WHICH  ARE  PREFIXED 

l AN  ACT,  ■ 


W ' | " • ENTITLED, 

4 AN  ACT  RELATIVE  TO  THE  CITY  OF  SCHENECTADY,” 

PASSED  APRIL  29,  1833, 

AND  OTHER  ACTS  AND  PARTS  OP  ACTS 
RELATING  TO  THE  SAID  CITY. 


PUBLISHED  BY  ORDER  OF  THE  COMMON  COUNCIL. 


SCHENECTADY : 

PRINTED  BY  C.  6.  PALMER. 

1833. 


v 


. d 


. 


*9 


NAMES  OF  THE 

MAYORS 


OF  THE  CITY  OF  SCHENECTADY, 
jjg  From  the  incorporation  of  said  city  to  the  present  time,  and  the  periods 
of  their  continuance  in  office  respectively,  with  the  name  of  the  Re- 
corder appointed  for  said  city,  under  the  act  of  April  29, 1833. 


From  1798 

to 

1808 

JOSEPPI  C.  YATES. 

“ 1808 

“ 

1810 

JOHN  YATES. 

“ 1810 

“ 

1811 

ABRAHAM  OOTHOUT. 

“ 1811 

a 

1813 

JOHN  YATES. 

“ 1813 

“ 

1817 

MAUS  SCHERMERHORN. 

41  1817 

1825 

HENRY  YATES,  Jr. 

“ 1825 

1826 

ISAAC  M.  SCHERMERHORN. 

“ 1826 

u 

1828 

DAVID  BOYD. 

“ 1828 

ti 

1831 

ISAAO-M.  SCHERMERPIORN, 

" 1831 

1832 

ARCHIBALD  CRAIG. 

“ 1832 

“ 

1833 

JOHN  I.  DE  GRAFF. 

" 1833 

JOHN  I.  DE  GRAFF. 

RECORDER. 

1833 

HARMANUS  PEEK. 

OFFICERS  OF  THE  CORPORATION  IN  1833. 

JOHN  I.  DE  GRAFF,  Mayor. 
HARMANUS  PEEK,  Recorder, 

ALDERMEN. 

1st  Ward,  HENRY  PEEK. 

JOHN  VAN  VORST. 

2d  Ward,  SAMUEL  W.  JONES.  1 
JAMES  WALKER. 

ASSISTANTS. 

ist  Ward,  Jonathan  c.  burnham, 
EDWARD  H.  WALTON. 

2d,  Ward,  GEORGE  ANDERSON, 

JESSE  M.  VAN  SLYCK. 

JACOB  SWITS,  Treasurer, 

ABRAHAM  VAN  INGEN,  Clerk, 
DAVID  V ANDERHE YDEN,  Marshal, 
ROSWELL  PERRY,  High  Constable, 
PETER  OUDERKIRK,  Superintendent. 


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• ;V|  •*.  i,  , 


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A IV  ACT, 

Relative  to  the  City  of  Schenectady , 

PASSED  APRIL  29,  1833. 


1.  Bounds  of  the  City — Corporate  Name. 

2.  Two  wards — Boundaries. 

3.  Officers. 

4.  Annual  meeting  for  election  of  Charter  and  other  officers.  , 

5.  Elections  how  to  be  conducted. 

(5.  Inspectors — their  duties — Clerk  of  poll — opening  and  closing  ol  poll — ■. 
poll  list  and  ballots,  how  to  be  disposed  of  and  canvassed. 

7.  Challenges. — *8.  Oaths. 

9.  Coloured  men. 10.  Penalty. 

11.  Certain  convicts  not  to  vote.  ■ 

12.  Vacancies  how  to  be  supplied. 

13.  Power  of  Inspectors. 14.  Fines. 

15.  Mayor  to  take  oath. 

16.  Meetings  of  Common  Council. 

17.  Clerk  and  other  officers. 

18.  Mayor,  Recorder  and  Aldermen,  Justices  ex-officio. 

19.  Recorder’s  duty. 

20.  Board  of  magistrates — how  appointed — their  powers  and  duties. 

21.  House  of  Correction. 

22.  High  constable — when  and  how  appointed — his  powers — duties  of — 

security  required  of— special  constables,  how  appointed  and  pow- 
ers of. 

23.  Constable’s  bonds— form  and  effect  of. 

24.  Licenses  to  Inn-keepers  and* Grocers. 

25.  Gaming — ordinances  for  suppression  of.  * 

26.  Police  district,  its  extent,  &c. 

27.  Highways. 28.  Public  shows. 

29.  Bye-laws  and  police  regulations. 

30.  Trials— competency  of  citizens  as  jurors  or  witnesses. 

31.  Taxes  for  lighting  streets,  and  supporting  night  watch. 

32.  Treasurer  to  give  bond. 

P3.  Clerk — duties  of— -compensation  of  certain  officers — statement  of  funds 
&c.  to  be  published  annually. 


6 


34.  Streets — paving,  altering  or  repairing  of. 

35.  Vacant  lots. 

3G.  Expenses  —how  to  be  paid  in  certain  c ases. 

37.  Opening  public  streets. 

38.  Rights  of  Infants. 39.  Board  of  Health. 

40.  Police  office. 41.  Police  Justices. 42.  Fences. 

43.  Former  acts  repealed. 44.  Rights  reserved. 

The  People  of  the  State  of  New-  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows : 

§ 1.  All  that  district  of  country  contained  within  the  following  limits, 
to  wit : Beginning  on  the  easterly  bounds  of  the  patent  of  Schenectady, 
in  the  middle  of  the  Mohawk  river,  and  running  thence  up  the  stream 
through  the  middle  of  the  said  river,  as  it  winds  and  turns,  to  a point 
about  five  chains  above  what  was  formerly  called  the  Upper  Ferry,  where 
the  Mohawk  bridge  is  erected ; thence,  with  a straight  line,  to  the  north- 
west corner  of  the  lot  formerly  belonging  to  Nicholas  Van  Patten,  de- 
ceased, now  owned  by  Isaac  M.  Schermerhorn,  on  the  easterly  bank 
of  a branch  of  the  Mohawk  river  ; thence  along  the  same,  up  stream, 
to  the  mouth  of  a creek  called  the  Church  Mill  creek  ; thence  up  the 
said  branch  of  the  Mohawk  river  eight  chains  ; thence  due  east  until  it 
intersects  a line  running  from  the  mouth  of  said  Mill  creek  south  eight 
degrees  east ; then  south  eight  degrees  east,  to  the  southerly  bounds 
of  the  patent  of  Schenectady ; thence  along  the  same  southeasterly  till 
it  intersects  the  north  bounds  of  the  manor  of  Rensselaerwyck ; thence 
along  the  same  easterly  to  the  easterly  bounds  of  the  patent  of  Sche- 
nectady, and  thence  along  the  same  to  the  place  of  beginning,  shall  con- 
tinue to  be  a city,  by  the  name  of  Schenectady : and  that  all  the  free- 
men of  this  state,  from  time  to  time,  being  inhabitants  of  the  said  city, 
shall  be  a body  corporate,  by  the  name  of  “The  Mayor,  Recorder, 
Aldermen  and  Commonalty  of  the  City  of  Schenectady,”  and  by  that 
name,  they  and  their  successors  shall  be  known  in  law,  and  be  capable 
of  suing  and  being  sued,  and  of  defending  in  all  courts  of  law  and  equi- 
ty, and  in  all  actions  and  matters  whatsoever ; and  may  have  and  use 
the  present  public  seal  of  the  said  city  as  their  common  seal,  and  may 
alter  the  same  at  their  pleasure ; and  shall  continue  in  law  capable  of 
holding,  enjoying  and  conveying  all  the  estate,  real  and  personal,  and  of 
collecting,  recovering  and  disposing  of  all  the  property,  rents,  income, 
funds  and  effects  whatsoever,  now  held  and  owned  by  or  belonging  to 


7 


them,  or  which  they  now  are  or  may  become  possessed  of,  or  entitled  un  - 
to, under  and  by  virtue  of  any  act  or  acts  of  the  legislature  of  this  state 
heretofore  passed,  and  in  as  full  and  ample  a manner  as  the  same  are 
now  held  and  possessed  by  the  mayor,  aldermen  and  commonalty  of  the 
said  city ; and  shall  also  be  in  law  capable  of  purchasing,  holding  and 
conveying  any  other  estate,  real  or  personal,  for  the  public  use  of  the 
said  corporation. 

§ 2.  The  said  city  shall  continue  to  be  divided  into  two  wards,  by  a 
line  to  be  drawn  as  follows,  to  wit : Beginning  at  the  northwest  corner 
of  a lot  of  ground  formerly  belonging  to  Nicholas  Van  Patten,  deceas- 
ed, now  owned  by  Isaac  M.  Schermerhorn,  on  the  easterly  bank  of  a 
branch  of  the  Mohawk  river ; thence  along  the  northerly  bounds  of  said 
lot  to  the  west  side  of  Washington-street ; thence  along  the  same  to  the 
centre  of  Union-street ; thence  easterly  along  through  the  centre  of  the 
said  street  and  the  Troy  turnpike  road,  to  the  easterly  bounds  of  the 
patent  of  Schenectady  : that  part  of  the  said  city  lying  on  the  north  side 
of  the  said  line,  shall  continue  to  be  the  first  ward,  and  that  part  there- 
of lying  on  the  south  side  of  the  said  line,  shall  continue  to  be  the  se- 
cond ward  of  the  said  city. 

§ 3.  There  shall  be  the  following  officers  in  and  for  said  city  : One 
mayor,  one  recorder,  eight  aldermen,  one  clerk,  one  marshal,  one  treas- 
urer, two  supervisors,  four  assessors,  two  collectors,  and  such  other  of- 
ficers as  are  hereafter  mentioned.  The  mayor,  recorder,  and  the  aider- 
men  of  the  said  city,  shall  constitute  and  be  called  the  Common  Council 
of  the  said  city.  The  said  common  council  shall,  agreeably  to  the  pro- 
visions of  the  constitution  of  this  state,  annually  appoint  one  fit  and  dis- 
creet person  to  be  mayor  of  the  said  city,  who  shall  continue  in  the  said 
office  until  the  first  day  of  January  next  after  such  appointment,  and 
until  some  other  person  shall  be  appointed  and  sworn  in  his  stead.  In 
case  of  a vacancy  in  the  said  office  of  mayor,  by  death,  resignation,  or 
removal  from  the  said  city,  the  said  common  council  shall,  at  a meeting 
to  be  summoned  by  the  marshal,  upon  the  request  of  the  recorder,  or 
any  two  of  the  aldermen  of  the  said  city,  appoint  some  other  person  to 
fill  such  vacancy  for  the  residue  of  the  term  for  which  the  person  so  dy-- 
ing,  resigning  or  removing,  was  appointed. 

§ 4.  The  inhabitants  of  the  said  city,  qualified  by  the  constitution  to 
vote  for  elective  officers,  shall  annually,  on  the  first  Tuesday  of  April 
assemble  in  the  respective  wards  in  which  they  actually  reside,  at  such 
places  as  the  said  common  council  shall  for  that  purpose  have  previous- 
ly appointed,  and  then  and  there,  by  plurality  of  votes,  choose  out  of 


the  inhabitants  of  said  city,  residing  in  their  respective  wards,  for  the 
ensuing  year,  four  aldermen,  one  supervisor,  two  assessors,  one  collec- 
tor, and  as  many  constables  as  the  said  common  council  shall  from  time 
to  time  deem  necessary  and  direct  to  be  chosen. 

§ 5.  Such  elections  shall  be  by  ballot,  and  shall  be  held  and  conduct- 
ed as  follows : The  common  council  of  said  city  shall,  at  least  eight 
days  previous  to  the  first  Tuesday  of  April  annually,  appoint  in  each 
ward  three  persons,  who  shall  preside  as  inspectors  of  such  elections  in 
their  respective  wards ; who  shall,  at  least  five  days  previous  to  sucli 
election,  give  notice  in  writing  in  at  least  three  public  places  in  their 
respective  wards,  of  the  place  where  such  election  shall  be ; and  such 
inspectors  shall  have  power  to  decide  upon  the  qualifications  of  the  per  - 
sons offering  to  vote  at  such  election : and  every  person  qualified  to 
vote  at  such  election,  who  shall  offer  himself  to  vote,  shall,  at  such  elec- 
tion, openly  deliver  his  ballot,  so  folded  as  to  conceal  the  contents,  to 
one  of  the  inspectors  holding  the  said  election,  in  the  presence  of  the 
board  ; which  ballot  shall  be  a paper  ticket  containing  the  names  of  the 
persons  for  whom  the  elector  intends  to  vote,  and  designating  the  office 
to  which  each  person  named  is  intended  by  him  to  be  chosen ; but  no 
ballot  shall  contain  a greater  number  of  names  of  persons  as  designated 
to  any  office,  than  there  are  persons  to  be  chosen  at  the  election  to  fill 
such  office ; and  on  the  receipt  of- every  such  ballot,  the  inspectors 
holding  such  election  shall,  without  suffering  the  same  to  be  opened  or 
inspected,  cause  the  same  to  be  put  into  a box  to  be  provided  by  the 
common  council  for  that  .purpose. 

§ 6.  The  inspectors,  or  the  major  part  of  them,  having  assembled  at 
the  time  and  place  appointed  for  holding  such  election,  shall  administer 
to  each  other  the  oath  of  office  prescribed  by  the  constitution ; and  shall 
thereupon  proceed  to  appoint  a person  to  be  a clerk  of  the  poll,  to  whom 
one  of  the  said  inspectors  shall  also  administer  the  said  oath  of  office. 
The  poll  shall  be  opened  at  ten  o’clock  in  the  forenoon,  and  may  be  ad- 
journed at  noon,  for  a period  not  to  exceed  one  hour ; at  the  expiration 
of  which  time,  the  same  shall  be  again  opened,  and  shall  continue  open 
until  five  o’clock  in  the  afternoon  of  the  same  day,  and  no  longer.— 
Proclamation  shall  be  made  of  the  opening,  adjourning  and  closing  of 
the  poll.  A poll-list  shall  be  kept  by  the  clerk,  wherein  the  name  of 
each  elector  voting  at  such  election  shall  be  written ; and  after  finally 
closing  the  poll  thereof,  the  said  inspectors  shall  proceed  without  delay, 
publicly  to  open  the  said  ballots,  and  shall  first  count  the  said  ballots  un- 
opened, and  if  the  number  of  ballots  so  counted  shall  exceed  the  number 


of  ballots  so  counted  shall  exceed  the  number  of  electors  contained  in 
the  poll-list,  one  of  the  said  inspectors  shall  draw  out  and  destroy,  un- 
opened, so  many  of  the  said  ballots  as  shall  amount  to  the  excess ; and 
if  two  or  more  ballots  are  found  rolled  or  folded  up  together,  they  shall 
not  be  estimated ; the  ballots  and  numbers  on  the  poll-lists  agreeing, 
or  being  made  to  agree,  the  said  inspectors  shall  then  proceed  to  canvass 
and  estimate  the  votes,  and  shall  complete  the  said  canvass  and  estimate 
on  the  same  clay,  or  the  following  day,  and  shall  certify  and  declare  the 
several  officers  who  shall  have  been  duly  chosen  at  such  election;  and 
shall  file  such  certificate  in  the  office  of  the  clerk  of  the  said  city,  on 
the  same  day,  or  the  next  day  thereafter. 

§ 7.  If  any  person  offering  to  vote  shall  be  challenged  as  unqualified 
by  an  inspector,  or  by  any  other  person  entitled  to  vote  at  the  same  poll, 
the  board  of  inspectors  shall  state  to  the  person  so  challenged,  the  qual- 
ifications of  an  elector. 

§ 8.  If  he  shall  claim  to  be  duly  qualified,  and  the  inspectors  shall  not 
be  satisfied  that  he  has  a legal  right  to  vote,  he  shall,  if  required  by  either 
of  the  said  inspectors,  take  the  following  oath : “You  do  swear  (or  af- 
firm) that  you  are  a citizen  of  the  United  States,  of  the  age  of  twenty- 
one  years,  that  you  have  been  an  inhabitant  of  this  state  for  one  year 
next  preceding  this  election,  and  for  the  last  six  months  a resident  of 
this  county,  that  you  are  now  a resident  of  this  ward,  and  that  you  have 
not  voted  at  this  election.” 

§ 9.  If  the  person  so  offering  to  vote  be  a colored  man,  and  shall  be 
challenged  as  aforesaid,  he  shall  take  the  following  oath,  if  required  by 
either  of  the  inspectors  : “You  do  swear  (or  affirm)  that  you  are  of  the 
age  of  twenty-one  years,  that  for  three  years  you  have  been  a citizen  of 
this  state,  that  you  have  been  an  inhabitant  of  this  state  for  one  year  next 
preceding  this  election,  and  during  that  time  have  been,  and  that  you  now 
are,  seized  and  possessed  of  a freehold  estate  of  the  value  of  two  hundred 
and  fifty  dollars,  over  and  above  all  debts  and  incumbrances  charged 
thereon,  and  have  been  actually  rated  and  paid  a tax  thereon,  that  you 
have  been  for  the  last  six  months  a resident  of  this  county,  that  you  are 
now  a resident  of  this  ward,  and  that  you  have  not  voted  at  this  election.” 

§ 10.  If  any  person  shall  refuse  to  take  the  oath  so  tendered,  his  vote 
shall  be  rejected  ; and  upon  taking  such  oath,  he  shall  forthwith  be  per- 
mitted to  vote  : and  if  any  person  shall  knowingly  swear  falsely  in  the 
premises,  he  shall  be  deemed  guilty  of  wilful  and  corrupt  perjury,  and 
punished  accordingly,  before  any  court  having  cognizance  thereof. 

B 


10 


§ 1 i.  No  person  who  shall  have  been  convicted  within  tliis  state  of  an 
infamous  crime,  at  any  time  previous  to  such  election,  shall  be  permitted 
to  vote  thereat,  unless  he  shall,  by  a pardon  from  the  executive,  have 
been  restored  to  all  the  rights  of  a citizen;  but  no  proof  of  such  convic- 
tion, other  than  a duly  authenticated  record  thereof,  shall  be  received  by 
the  said  inspectors. 

§ 12.  If  there  shall  happen  any  vacancies  in  the  offices  so  to  be  chosen 
as  aforesaid,  by  death,  resignation,  removal  from  the  said  city,  or  other- 
wise, before  an  annual  election  shall  be  held,  the  common  council  of 
the  said  city  may  direct  an  election  to  be  held  to  supply  such  vacancy  ; 
which  election  shall  be  held  at  such  time  and  place  as  the  said  common 
council  shall  direct,  and  in  all  respects  be  conducted  in  the  same  man- 
ner as  the  said  annual  election ; and  the  officers  thus  chosen,  shall 
hold  their  offices  until  the  next  annual  election. 

§ 13.  The  inspectors  presiding  at  any  annual  or  special  election, 
shall  have  the  like  authority  to  preserve  order,  to  enforce  obedience, 
and  to  commit  for  disorderly  conduct,  as  is  possessed  by  the  board  of  in- 
spectors at  a general  election. 

§ 14.  The  said  common  council  may  impose  such  reasonable  fine  as 
they  may  deem  proper,  not  exceeding  twenty-five  dollars,  upon  any 
inhabitant  of  the  said  city,  elected  as  aforesaid  to  the  office  of  alderman, 
supervisor,  assessor,  collector,  overseer  of  the  poor  or  constable,  who 
shall,  for  the  space  of  five  days  after  notice  of  his  election,  refuse  or 
neglect  to  take  upon  himself  such  office,  unless  such  person  shall  ren- 
der to  the  said  common  council  a reasonable  and  satisfactory  excuse 
for  such  neglect  or  refusal ; which  fine  may  be  sued  for,  recovered 
and  applied  in  like  manner  as  penalties  imposed  by  any  by-law  of 
the  said  common  council  are  hereinafter  directed  to  be  sued  for,  recov- 
ered and  applied. 

§ 15.  The  mayor  of  the  said  city  shall,  before  he  enters  upon  the 
discharge  of  the  duties  of  his  office,  take  and  subscribe,  before  the 
clerk  of  the  said  city,  who  is  hereby  authorised  to  administer  the  same, 
or  before  any  officer  in  said  city,  authorised  to  administer  oaths,  the 
oath  of  office  prescribed  by  the  constitution. 

§ 16.  The  meetings  of  the  common  council  of  the  said  city  shall  be 
held  at  the  city-hall,  or  in  such  other  place  in  said  city  as  they  shall  ap- 
point. The  said  common  council  shall  meet  annually  on  the  first 
Tuesday  of  May,  and  oftener  in  their  discretion.  Special  meetings 
may  also  be  called  by  the  mayor,  in  cases  of  emergency,  or,  in  his  ab- 
sence, by  the  recorder.  At  the  meetings  of  the  common  council,  the 


11 


mayor  shall  preside,  and  in  his  absence  the  recorder  shall  preside  as 
chairman. 

§ 17.  The  said  common  council  shall  annually,  on  or  before  the  first 
Tuesday  of  May,  and  by  plurality  of  votes,  appoint  one  clerk,  one  trea- 
surer, one  marshal,  one  city  superintendent  of  streets  and  highways, 
with  such  assistants  as  may  be  deemed  necessary ; and  shall  also  an- 
nually, or  oftener,  in  their  discretion,  appoint  one  or  more  overseers  of 
the  poor,  or  poor-masters,  and  one  or  more  pound-masters  and  fence- 
viewers,  and  so  many  porters,  carriers,  cartmen,  packers,  beadles,  bell- 
men, common  criers,  scavengers,  weighers,  measurers,  guagers  and 
surveyors,  as  they  shall  think  proper,  and  to  prescribe  their  respective 
duties  ; and  the  overseers  of  the  poor,  pound-masters  and  fence-view- 
ers so  appointed,  shall  severally  possess  the  powers  of  overseers  of  the 
poor,  pound-masters  and  fence-viewers  of  any  town  in  this  state,  sub- 
ject to  any  regulations  concerning  them  to  be  made  by  the  said  com- 
mon council,  in  their  discretion.  The  aldermen  and  the  clerk  of  said 
city,  and  such  of  the  said  officers  to  be  appointed  by  the  said  common 
council,  or  elected  as  aforesaid,  and  as  shall  be  required  so  to  do  by  any 
by-law  of  the  said  common  council,  and  who  are  not  by  law  exempted 
therefrom,  shall,  before  they  enter  upon  the  execution  of  their  respec- 
tive offices,  take  and  subscribe  before  the  mayor,  or  any  other  officer 
authorised  to  administer  oaths,  the  oath  of  office  prescribed  by  the  con- 
stitution. 

§ 18.  The  mayor,  recorder  and  aldermen  of  the  said  city  shall  seve- 
rally be,  ex  officio,  justices  of  the  peace  of  the  county  of  Schenectady ; 
but  shall  not,  by  virtue  of  said  office,  be  authorised  to  hear  and  try  any 
civil  causes,  except  such  as  are  brought  to  recover  a penalty  under  the 
by-laws  of  said  city,  in  which  case  they  may  severally  act  as  justices  of 
the  peace  in  their  civil  capacity- 

§ 19.  The  recorder  shall,  during  the  sickness,  absence,  or  other  ina- 
bility of  the  mayor,  possess  and  exercise  all  the  powers  hereby  confer- 
red on  said  mayor,  and  be  authorised  and  required  to  perform  all  the  du- 
ties of  a judge  of  the  supreme  court  and  of  the  county  courts,  which  the 
recorders  of  any  of  the  several  cities  in  this  state  are  authorised  to  do 
and  perform  ; and  may  take  and  receive  the  same  fees  as  such  record- 
ers are  allowed  for  like  services. 

§*  £0.  It  shall  and  may  be  lawful  for  the  said  common  council  to  se- 
lect from  the  aldermen  and  justices  of  the  peace  in  said  city,  such  and 
so  many  as  they  shall  think  proper,  to  be  called  the  “board  of  magis- 
trates^ for  the  relief  and  support  of  the  poor,  and  for  punishing  petty 


12 


offences  committed  in  the  said  city ; who  shall  in  such  case  exclusively 
possess  the  power  and  authority  of  applying  and  distributing  the  funds 
for  the  relief  and  support  of  the  poor  in  said  city,  in  such  manner  as  the 
common  council  may  direct,  and  of  making  all  orders  in  relation  to  the 
poor  within  said  city. 

§ 21.  The  said  common  council  may,  whenever  they  shall  think  pro- 
per, erect  and  establish  a house  of  correction  for  petty  offenders  within 
said  city,  and  appoint,  during  pleasure,  a keeper  thereof,  and  so  many 
assistants  as  may  be  necessary,  and  prescribe  the  duties  of  the  said 
keeper  and  assistants,  and  the  compensation  which  they  shall  respec- 
tively be  entitled  to  receive  for  their  services  from  the  said  mayor,  al- 
dermen and  commonalty  ; and  said  common  council  may  pass  ordinan- 
ces for  regulating  the  said  house  of  correction,  and  all  other  ordinances 
relative  thereto ; and  whenever  the  said  house  of  correction  shall  be 
erected  and  established,  it  shall  be  lawful  for  the  court  of  oyer  and  ter- 
miner and  general  sessions  of  the  peace  in  and  for  the  county  of  Sche- 
nectady, and  for  every  court  of  special  sessions  of  the  peace  held  in  the 
said  city  or  county,  to  sentence  and  adjudge  any  offender  convicted  be- 
fore either'of  the  said  courts  of  any  petit  larceny,  assault  and  battery  or 
misdemeanor,  committed  within  the  said  city  or  county,  to  the  said  house 
of  correction,  instead  of  the  jail  of  the  said  county,  there  to  be  impris- 
oned and  kept  at  hard  labor  during  the  term  of  his  or  her  imprisonment. 

§ 22.  At  the  annual  meeting  of  the  said  common  council,  on  the  first 
Tuesday  of  May  in  each  and  every  year,  they  may  appoint  a suitable  per- 
son to  be  high  constable  of  said  city,  who  shall  possess  all  the  powers  of 
any  constable  of  the  said  county,  and  shall  be  subject  to  such  rules,  or- 
dinances and  regulations  as  the  said  common  council  shall  from  time  to 
time  prescribe,  and  shall  receive  such  compensation  for  his  services  as  a 
police  officer  as  the  said  common  council  shall  think  reasonable  to  allow, 
and  shall  hold  his  office  during  the  pleasure  of  the  said  common  council, 
and  shall  give  the  like  security,  to  be  approved  in  the  same  manner  and 
with  the  like  effect,  as  other  constables  elected  in  the  several  wards  in  t 

said  city  ; and  in  case  of  a vacancy  in  the  office  of  high  constable,  by 
removal  from  office  or  otherwise,  it  shall  be  lawful  for  the  said  common 
council,  at  any  time,  to  supply  such  vacancy ; which  high  constable  so 
appointed  shall  hold  his  office  in  the  same  manner,  and  give  like  securi- 
ty, as  such  high  constable  originally  appointed,  and  be  liable  in  the  same 
manner.  And  further,  in  order  to  preserve  the  peace  of  said  city,  it 
shall  be  lawful  for  the  said  common  council,  upon  emergency,  to  ap- 
point as  many  special  constables  for  the  said  city  as  they  in  their  dis- 


13 


eretion  may  deem  necessary,  and  the  same  to  remove  at  pleasure  ; 
which  special  constables  so  appointed  shall  possess  all  the  powers  of  any 
constable  of  the  said  county,  except  the  service  of  process  in  civil  causes. 

§ £3.  Every  person  elected  to  the  office  of  constable  in  either  of  the 
wards  of  the  said  city,  shall,  before  he  enters  upon  the  duties  of  his  of- 
fice, and  within  five  days  after  his  election,  enter  into  and  file  in  the  of- 
fice of  the  clerk  of  said  city,  a bond  to  the  said  mayor,  aldermen  and 
commonalty,  in  such  penalty  as  the  said  common  council  shall  direct, 
and  with  such  surety  or  sureties  as  the  mayor  of  the  said  city  shall  ap- 
prove, conditioned  for  ths  faithful  discharge  of  the  duties  of  the  said  of- 
fice ; and  it  shall  and  may  be  lawful  for  any  person  or  persons  that  may 
be  aggrieved  by  the  neglect,  omission  or  refusal  of  any  such  constable  to 
return  any  execution  on  the  day  on  which  the  same  was  returnable,  or  to 
do  or  perform  any  other  of  the  duties  attached  to  the  said  office,  to  pro- 
secute for  and  recover  from  the  said  constable  and  his  surety  or  sureties, 
or  any  or  either  of  them,  in  an  action  on  the  case,  to  be  brought  against 
such  constable  and  his  surety  or  sureties,  or  any  or  either  of  them,  or 
against  his  surety  or  sureties  only,  all,  any  or  either  of  them,  in  any 
court  having  cognizance  thereof,  the  amount  of  any  such  execution  so 
neglected,  omitted  or  refused  to  be  returned  as  aforesaid,  and  on  which 
the  party  against  whom  the  same  was  issued  shall  not  be  proved  to  have 
been  committed  to  jail  by  such  constable,  according  to  the  requirement 
thereof ; and  in  all  other  cases,  such  damages  only  as  the  person  or 
persons  bringing  such  action  may  have  sustained  by  reason  of  the  ne- 
glect, omission  or  refusal  of  any  such  constable  to  perform  or  fulfil  any 
other  of  the  duties  attached  to  his  said  office  : in  which  action  the  bond 
of  any  such  constable  and  his  surety  or  sureties,  with  a certificate  en- 
dorsed thereon  of  the  approval  thereof,  and  of  the  proof  or  acknow- 
ledgement of  the  execution  thereof  before  the  mayor  of  the  said  city, 
or  a transcript  thereof,  certified  by  the  said  clerk,  may  be  read  in  evi- 
dence, without  any  further  proof  thereof ; but  no  action  shall  be  prose- 
cuted or  maintained  against  any  such  sureties,  unless  the  same  shall  be 
commenced  within  two  years  from  and  after  the  date  of  such  bond. 

§ 24.  All  licenses  to  be  granted  by  the  mayor  and  common  council  of 
the  said  city  to  inn-keepers  or  grocers,  to  sell  strong  or  spirituous  li- 
quors or  wines,  shall  be  in  conformity  to  the  provisions  of  title  nine  of 
chapter  twenty  of  the  first  part  of  the  Revised  Statutes,  and  the  bonds 
therein  directed  shall  be  taken  in  granting  such  licenses,  and  the  said 
title  shall  in  all  respects  apply  to  such  licenses  and  to  persons  selling  li- 
quor contrary  to  the  provisions  thereof. 


A 


14 


§ 25.  The  common  council  of  the  said  city  shall  have  power,  from 
time  to  time,  to  pass  ordinances  for  suppressing’  gaming-houses,  billiard 
tables,  shuffle-boards,  keno-tables,  pin-alleys,  or  other  machine,  instru- 
ment, device  or  contrivance  for  gaming,  and  to  enforce  the  observance  of 
such  ordinances  by  the  infliction  of  penalties  not  exceeding  one  hundred 
and  twenty-five  dollars  for  any  one  offence  ; and  in  case  of  any  prose- 
cution for  the  recovery  of  any  penalty  created  by  the  authority  given 
by  this  section  of  this  act,  the  person  or  persons  having  the  custody  or 
care  of  any  such  billiard-table,  shuffle-board,  keno-table,  pin-alley,  ma- 
chine, instrument,  device  or  contrivance  for  gaming,  or  the  possessor  of 
the  house,  room  or  place  where  the  same  shall  be  kept,  shall  be  deem- 
ed and  adjudged  the  owner  of  such  billiard-table,  shuffle-board,  keno-ta- 
ble, pin-alley,  machine,  instrument,  device  or  contrivance  for  gaming, 
and  that  he,  she,  or  they  keep  the  same  for  the  purposes  of  gaming,  un- 
less the  defendant  shall  prove  upon  such  trial  that  the  same  are  kept  by 
him,  her  or  them,  as  articles  of  merchandize,  and  for  no  other  purpose  ; 
and  that  in  all  cases  where  a recovery  shall  be  had  for  any  penalty  to 
be  created  by  virtue  of  the  authority  granted  by  this  section  of  this  act, 
the  magistrate  before  whom  such  recovery  or  judgment  shall  be  had, 
shall  endorse  upon  the  execution  to  be  issued  upon  any  such  judgment, 
that  the  defendant  or  defendants  is  or  are  not  entitled  to  the  liberties 
of  the  gaol  limits ; and  upon  such  defendant  or  defendants  being  com-  J 

mitted  to  the  custody  of  the  sheriff  or  keeper  of  the  common  gaol,  it 
shall  be  the  duty  of  such  sheriff  or  keeper  to  confine  the  said  defendant 
or  defendants  in  one  of  the  prison  rooms  in  the  said  gaol,  and  him  or 
them  there  safely  keep,  until  the  said  judgment  and  costs  of  commit- 
ment shall  be  paid,  or  he  or  they  be  otherwise  discharged  by  due  course 
of  law,  any  law  or  custom  to  the  contrary  thereof  notwithstanding. 

§ 26.  All  that  part  of  the  said  city  lying  west  of  a line  to  be  drawn 
from  a point  in  the  north  boundary  line  of  said  city,  directly  opposite  to 
the  canal  bridge  at  the  lower  ferry,  and  running  thence  southerly  to  the 
northeast  corner  of  a lot  of  ground  situate  in  the  second  ward  of  said  < 

city,  formerly  owned  by  Barent  Mynderse,  and  now  or  lately  belonging 
to  Oliver  Ostrom,  and  thence,  with  a straight  line,  to  the  south  bounda- 
ry of  the  said  city,  shall  be  “ The  police  district.”  All  taxes  to  be  le- 
vied by  the  common  council  of  said  city  for  defraying  the  expenses  of 
supporting  a night  watch,  and  for  lighting  the  streets  within  said  eft If, 
shall  be  imposed  on  such  only  of  the  taxable  inhabitants  of  said  city  as 
reside  within  the  said  district. 


§ £7.  The  common  council  of  the  said  city  for  the  time  being-,  shall" 
be,  and  they  are  hereby,  constituted  commissioners  of  highways  for  the 
said  city ; and  it  shall  be  lawful  for  any  three  of  the  said  council  to  be 
for  that  purpose  appointed  by  the  said  common  council  to  lay  out,  alter 
or  discontinue,  such  roads  or  highways  as  it  may  be  deemed  necessary 
or  proper  to  lay  out,  alter  or  discontinue,  pursuant  to  the  statute  rela- 
tive to  the  laying  out,  altering  or  discontinuance  of  public  and  private 
roads,  and  subject  to  the  approbation  of  the  said  common  council.  The 
said  city  and  its  inhabitants  shall,  from  and  after  the  passing  of  this  act, 
be  exempt  from  the  operation  of  the  statute  relative  to  highways,  and  of 
any  acts  heretofore  passed  relative  to  the  said  city,  so  far  as  the  said 
acts  relate  to  the  manner  of  repairing  and  keeping  in  order  the  high- 
ways within  the  said  city,  and  the  assessment  for  road  work  for  the 
same ; and  the  common  council  are  hereby  authorized  and  required  to 
repair  and  keep  in  order  the  highways  within  the  said  city,  and  to  cause 
all  such  common  sewers,  drains  and  vaults  as  may  be  necessary,  to  be 
made  and  kept  in  repair  within  the  same,  in  such  manner  as  they  may 
deem  proper.  And  the  common  council  of  the  said  city  shall  yearly  de- 
termine the  sum  necessary  to  be  raised  by  tax  for  defraying  the  expen- 
ses of  keeping  the  highways  and  bridges  in  said  city  in  repair,  and  for 
making  and  keeping  in  repair  any  common  sewers,  drains  or  vaults 
within  the  same  ; and  the  sura  necessary  to  be  raised  by  tax  for  the 
support  of  the  poor  in  said  city,  for  the  year  next  ensuing ; and  the 
board  of  supervisors  of  the  county  of  Schenectady,  being  served  with  a 
copy  of  the  resolution  of  the  said  common  council,  requiring  such  sum 
or  sums  to  be  raised  for  both  or  either  of  the  said  purposes,  shall  cause 
the  same  to  be  assessed,  levied  and  collected  according  to  law,  as  other 
city  taxes  are  assessed,  levied  and  collected ; and  such  moneys,  when 
collected,  shall  be  paid  to  the  treasurer  of  the  said  city,  and  shall  be' 
drawn,  expended  and  applied  under  the  direction  of  the  said  common 
council. 

§ £8.  It  shall  be  lawful  for  the  common  council  of  said  city  to  prohi- 
bit any  public  shows,  or  theatrical  or  other  exhibitions  in  the  said  city, 
under  the  penalty  of  not  exceeding  fifty  dollars  for  every  offence,  or  to 
grant  licenses  therefor,  under  such  restrictions  as  they  may  deem  pro- 
per ; and  in  their  discretion  they  may  exact  and  receive  for  such  licen- 
ses, such  sum  or  sums  of  money  as  they  may  deem  reasonable,  not, 
however,  to  exceed  the  sum  of  ten  dollars  for  any  one  license. 

§ £9.  The  common  council  of  the  said  city  shall  have  power  and  au- 
thority to  pass  such  by-laws  and  ordinances  as  they,  or  a majority  of 


16 


them,  may  from  time  to  time  deem  expedient,  the  better  to  manage  and 
secure  their  common  property,  and  also  for  the  more  effectual  suppres- 
sion of  vice  and  immorality ; for  preserving  peace  and  good  order ; to 
prevent  and  punish  forestalling  and  regrating,  and  for  detecting  and  re- 
straining every  kind  of  fraudulent  device  and  practice  within  the  said 
city;  to  regulate  the  keeping,  carting,  conveying  and  transporting  of 
gun-powder  and  other  combustibles  or  dangerous  materials,  and  the  use 
of  lights  and  candles  in  livery  aud  other  stables ; to  remove  or  prevent 
the  construction  of  any  fire-place,  hearth,  chimney,  stove,  oven,  boiler, 
kettle  or  apparatus,  used  in  any  house,  building,  manufactory  or  busi- 
ness, which  may  be  dangerous  in  causing  or  promoting  fires ; to  direct 
the  safe  construction  of  deposits  for  ashes,  and  to  appoint  one  or  more 
officers,  at  reasonable  times  to  enter  into  and  examine  all  dwelling- 
houses,  lots,  yards,  enclosures  and  buildings,  of  every  description,  in 
order  to  discover  whether  any  of  them  are  in  a dangerous  state,  and  to 
cause  such  as  may  be  dangerous  to  be  put  in  a safe  and  secure  condi- 
tion ; to  regulate  the  guaging  of  all  casks  of  liquids  and  liquors,  and  to 
appoint  one  or  more  suitable  persons  to  superintend  and  conduct  the 
same  ; to  regulate  the  place  and  manner  of  selling  and  weighing  of  hay, 
and  the  measuring  and  certifying  the  quantity  of  wood  that  may  be  sold 
in  said  city,  except  wood  sold  by  the  load,  and  cases  where  the  pur- 
chasers and  sellers  shall  agree  as  to  the  quantity  and  quality ; and  to 
appoint  one  or  more  inspectors  or  measurers  of  wood,  stone,  coal,  lime 
and  salt,  and  weighers  of  hay  and  plaister,  and  to  regulate  their  fees ; to 
restrain  and  punish  the  forestalling  of  poultry,  butter  and  eggs ; to  pre- 
vent and  regulate  the  running  at  large  of  dogs ; to  appoint  an  examiner 
of  weights  and  measures,  and  prescribe  his  duties  and  fees  ; to  regulate 
or  prevent  the  carrying  on  manufactories  dangerous  in  causing  or  pro- 
moting fires  ; to  appoint  fire-wardens  and  fire-engineers,  with  such  du- 
ties and  powers  as  the  said  common  council  shall  prescribe,  and  to  adopt 
and  establish  such  measures  and  regulations  for  the  prevention  or  sup- 
pression of  fires,  as  the  said  common  council  shall  deem  expedient ; to 
compel  the  owners  and  occupants  of  other  houses  and  buildings,  to 
have  scuttles  on  the  roofs  of  any  such  houses  and  buildings, and  stairs 
and  ladders  leading  to  the  same  ; to  regulate  the  dimensions  of  chim- 
neys so  as  to  admit  chimney-sweeps  to  sweep  and  clean  the  same ; to 
appoint  watchmen,  and  prescribe  their  powers  and  duties ; to  authorize 
any  magistrate,  constable  or  other  person,  to  stop  any  person  riding  or 
driving  immoderately  through  or  in  any  street  of  the  said  city,  or  other- 
wise to  prohibit  such  offences ; to  abate  or  remove  any  nuisances  in  said 


city  ; to  regulate  the  market  and  markets  in  said  city ; to  establish  a 
slaughter-house,  and  to  regulate  the  killing  of  any  animals  for  market 
in  said  city ; to  appoint  firemen  to  take  the  charge  and  management  of 
the  fire-engines  and  apparatus  thereunto  belonging,  under  such  regula- 
tions as  they  shall  deem  necessary,  and  remove  the  same  firemen  and 
appoint  others  in  their  stead,  which  firemen  shall  be  exempt  from  serv- 
ing as  constables  or  jurors,  or  in  the  militia,  except  in  case  of  insurrec1- 
tion,  invasion,  or  other  imminent  danger,  and  the  names  of  such  fire- 
men shall  be  entered  with  the  clerk  of  the  said  city,  whose  certificate 
shall  be  sufficient  evidence  of  such  exemption  in  all  courts  and  else- 
where ; to  authorise  the  mayor,  recorder,  or  any  alderman  or  fire-war- 
den, to  remove  or  keep  away  from  the  vicinity  of  any  fire,  all  idle  and 
suspicious  persons  during  such  fire,  and  to  compel  any  person  or  per- 
sons to  aid  in  the  extinguishment  thereof,  or  in  the  preservation  of  pro- 
perty exposed  to  the  danger  of  such  fire ; to  require  the  sheriff  and  his 
deputies,  the  marshal,  watch  and  constables,  to  be  aiding  in  the  extin- 
guishment of  all  fires,  and  in  preventing  goods  from  being  purloined 
thereat,  and  in  securing  the  same,  subject  to  the  orders  of  the  mayor, 
recorder,  or  any  alderman  present  at  such  fire  ; to  require  the  inhabi- 
tants of  said  city  respectively  to  provide  such  and  so  many  fire-buck- 
ets, and  in  such  manner  and  time  as  they  shall  prescribe,  and  to  regu- 
late the  use  of  them  in  times  of  fire  ; to  prevent  persons  from  selling 
fruit  and  cakes,  unless  licensed  in  the  manner  they  shall  direct ; to  re- 
gulate the  police  of  said  city  ; to  direct  the  paving,  flagging  or  repair- 
ing of  any  of  the  streets  in  said  city ; to  regulate  the  assize  and  quality 
of  bread,  and  to  provide  for  the  seizure  and  forfeiture  of  bread  baked 
contrary  thereto ; to  prevent  the  incumbering  of  the  streets,  side- 
walks, walls  or  alleys,  with  wheel-barrows,  carriages,  carts,  casks, 
boxes,  lumber,  stone,  or  any  other  things  whatsoever ; to  restrain  the 
running  at  large  of  cattle,  horses  and  swine ; to  compel  the  sweeping 
of  chimneys,  and  to  prevent  chimney-sweeps,  unless  licensed  as  they 
shall  direct,  from  sweeping  or  cleaning  of  chimneys  ; to  restrain  all 
vagrants,  mendicants,  street-beggars,  or  persons  soliciting  alms,  or 
subscriptions  for  any  purpose  whatsoever,  and  all  persons  from  harbor- 
ing them  without  giving  previous  notice  thereof  to  a member  of  the 
common  council  or  one  of  the  board  of  magistrates  ; to  light  the  streets 
of  the  said  city ; to  preserve  the  aqueducts  in  said  city  ; to  regulate  the 
pumps  and  wells  in  the  streets  of  said  city,  and  to  prevent  the  unneces- 
sary waste  of  water,  which  may  be  needed  for  the  use  of  the  inhabi- 
tants of  said  city ; to  establish  and  regulate  one  or  more  public  pounds 
C 


18 


in  said  city  ; and  for  regulating,  making,  amending  and  maintaining 
partition  and  other  fences ; to  ascertain,  fix,  establish  and  settle  the 
boundaries  of  that  part  of  the  said  city  called  the  “ Police,”  and  the 
boundaries  of  all  streets,  alleys  and  lots  in  said  city,  and  to  prevent  and 
remove  all  encroachments  into  and  upon  said  streets  and  alleys ; to 
prevent  and  restrain  any  riot,  route,  noise,  disturbance  or  disorderly  as- 
semblages in  any  tavern,  grocery,  street  or  place  in  said  city : to  regu- 
late the  burial  of  the  dead  ; to  regulate  the  vending  of  meat  and  vege- 
tables in  said  city ; for  requiring  the  due  and  punctual  attendance  of 
the  officers  and  members  of  the  said  common  council  at  their  several 
meetings,  and  generally  to  make  all  such  rules,  regulations,  by-laws 
and  ordinances,  for  the  good  government,  order  and  safety  of  the  said 
city,  and  the  trade  and  commerce  thereof,  as  they  may  deem  expedient, 
not  repugnant  to  the  constitution  or  laws  of  this  state  ; but  no  sale, 
lease,  gift,  or  disposition  whatever,  of  the  lands,  quit- rents  or  other 
property  of  the  said  city,  shall  be  valid,  nor  shall  any  appropriation  of 
any  of  the  moneys  or  property  of  the  said  city  be  made  for  any  pur- 
pose whatever,  unless  by  and  with  the  assent  of  at  least  two-thirds  of 
all  the  members  composing  the  common  council  of  the  said  city ; and 
the  said  common  council  may  enforce  the  observance  of  any  by-lawTs  or 
ordinances  to  be  made  or  passed  by  them,  by  inflicting  penalties  for  the 
violation  of  the  same,  not  exceeding  fifty  dollars  for  any  one  offence, 
recoverable  with  costs,  in  an  action  of  debt,  by  and  in  the  name  of  the 
treasurer  of  the  said  city,  for  the  use  of  the  said  mayor,  recorder,  aider- 
men  and  commonalty,  before  any  court  having  cognizance  thereof ; in 
which  action  the  first  process  may  be  by  warrant,  and  there  shall  be  no 
stay  of  execution  after  judgment,  upon  any  pretence  whatever,  without 
the  consent  of  the  said  treasurer,  and  there  shall  be  no  exemption  al- 
lowed thereupon ; and  in  w7hich  action  it  shall  be  lawiul  to  declare  ge- 
nerally in  debt  for  such  penalty,  and  give  the  special  matter  in  evidence* 
§ SO.  Upon  the  trial  of  any  issue,  or  upon  the  taking  or  making  of 
any  inquisition,  or  upon  the  judicial  investigation  of  an}7  facts  whatever, 
to  which  issue,  inquest  or  investigation,  the  mayor,  recorder,  aldermen 
and  commonalty  of  the  said  city  are  a party,  or  in  w7hieh  they  are  in- 
terested, no  person  shall  be  deemed  an  incompetent  witness  or  juror, 
by  reason  of  his  being  an  inhabitant,  freeholder  or  freeman  of  the  said 
city : and  if  any  person  shall  be  sued  or  impleaded  by  reason  of  any 
thing  done  by  virtue  of  this  act,  it  shall  be  lawful  for  such  person  to 
plead  the  general  issue,  and  give  this  act  and  the  special  matter  in  evi- 
dence at  the  trial. 


19 


§ 31.  The  common  council  of  the  said  city  may,  from  year  to  year, 
levy  and  collect  a tax  upon  the  taxable  inhabitants  residing  within  the 
bounds  of  the  “ police  district,”  to  defray  the-  expenses  of  lighting  the 
streets  of  said  city,  and  supporting  a night  watch  therein,  in  such  man- 
ner, at  such  times,  and  to  such  an  amount,  not  exceeding  six  hundred 
dollars  for  either  of  the  purposes  aforesaid,  as  the  said  common  council 
shall  deem  expedient  and  proper ; which  sums  so  directed  to  be  levied 
and  collected  by  the  said  common  council,  shall  be  assessed  by  the  as- 
sessors of  the  several  wards  of  said  city  upon  the  said  taxable  inhabit- 
ants, according  to  the  last  assessment  roll,  and  a warrant  issued  for 
the  levying  and  collection  of  said  tax,  under  the  common  seal  of  the 
city,  shall  have  the  like  power  and  effect  as  if  issued  by  the  board  of  su- 
pervisors ; and  that  the  collectors  in  the  several  wards  shall  have  the 
like  power  and  authority  in  the  collection  of  the  said  tax,  as  they  have 
in  the  collection  of  any  other  tax,  and  shall  give  such  security  for  the 
faithful  discharge  of  their  duty  therein,  as  the  said  common  council 
shall  direct. 

§ 32.  The  treasurer  of  the  said  city  shall,  as  soon  as  may  be  after  his 
appointment,  and  before  he  enters  upon  the  duties  of  his  office,  execute 
a bond  to  the  said  mayor,  recorder,  aldermen  and  commonalty,  with 
two  sureties,  to  be  approved  of  by  the  said  common  council,  in  the  sum 
of  five  thousand  dollars,  and  filed  in  the  office  of  the  clerk  of  said  city, 
conditioned  that  he  shall  faithfully  execute  the  duties  of  his  said  office, 
which  security,  in  case  of  a reappointment  of  the  same  person  as  trea- 
surer, shall  be  renewed  annually,  and  before  the  said  treasurer  shall  en- 
ter on  the  duties  of  his  office. 

§ 33.  It  shall  be  the  duty  of  the  clerk  of  said  city  to  provide  and 
keep  a book  or  books  of  minutes  of  the  proceedings  of  the  said  common 
council,  which  shall  be  open  at  all  proper  times  for  the  inspection  of  any 
of  the  inhabitants  of  the  said  city : and  the  clerk,  treasurer,  superin- 
tendent and  marshal  of  the  said  city,  shall  severally  be  paid  out  of  the 
city  treasury,  such  compensation  for  their  services  as  the  said  common 
council  shall  deem  reasonable  and  proper.  The  treasurer  of  said  city 
shall  annually,  between  the  first  and  fifteenth  days  of  March  in  every 
year,  publish  a detailed  statement  of  the  funds  of  the  said  city,  with  a 
full  account  of  the  expenditures  and  receipts  for  the  last  preceding  year. 

§ 34.  The  common  council  of  the  said  city  may,  from  time  to  time, 
make  and  establish  by-laws  and  ordinances,  ordering  and  directing  any 
of  the  streets  or  lanes  in  the  said  city,  or  any  parts  of  them,  to  be  pitch- 
ed, levelled,  paved,  flagged,  Macadamized,  or  covered  with  broken 


20 


stone,  gravel  or  sand,  or  for  the  altering  or  repairing  the  same,  within 
such  time  and  in  such  manner  as  they  may  prescribe,  under  the  superin- 
tendence and  direction  of  the  city  superintendent ; and  in  case  the  own- 
ers or  occupants  of  any  houses  or  lots  in  any  such  streets  or  lanes  shall 
neglect  or  refuse  to  comply  with  the  requisitions  of  any  such  by-laws  or 
ordinances,  it  shall  and  may  be  lawful  for  the  said  common  council  to 
cause  so  much  of  the  said  streets  or  lanes  in  front  of  the  houses  or  lots 
of  the  person  or  persons  so  neglecting  or  refusing,  to  be  conformed  to 
such  by-laws  or  ordinances,  under  the  direction  of  the  said  superintend- 
ent ; and  upon  the  production,  by  the  said  superintendent  of  the  said 
common  council,  of  an  account  certified  under  his  oath  of  office,  of  the 
expenses  incurred  in  conforming  the  same  to  such  by-laws  or  ordinan- 
ces, and  the  allowance  and  payment  thereof  by  the  said  common  coun- 
cil, it  shall  and  may  be  lawful  for  them  to  sue  for  and  recover  from  such 
owners  or  occupants,  or  their  legal  representatives,  in  the  name  of  the 
treasurer  of  the  said  city,  the  amount  of  such  expenses,  with  interest 
and  costs,  in  any  court  having  cognizance  thereof,  in  an  action  on  the 
case  for  so  much  money  paid,  laid  out  and  expended,  for  such  owners  or 
occupants,  by  the  said  mayor,  recorder,  aldermen  and  commonalty ; 
and  the  said  account,  and  proof  of  the  payment  of  the  amount,  shall  be 
presumptive  evidence  for  the  plaintiffs  in  every  such  action. 

§ 35..  In  case  any  lots,  in  front  where  the  streets  or  lanes  shall  have 
been  directed  to  be  pitched,  levelled,  paved,  flagged,  Macadamized, 
gravelled  or  repaired,  by  any  by-law  or  ordinance  of  the  said  corpora- 
tion, shall  be  vacant,  and  the  same  shall  have  been  conformed  to  any 
such  by-law  or  ordinance,  by  and  at  the  expense  of  the  said  mayor,  re- 
corder, aldermen  and  commonalty,  in  consequence  of  the  neglect  or  re- 
fusal of  the  owners  of  such  lots  to  comply  with  the  requisitions  of  such 
by-law  or  ordinance,  it  shall  be  lawful  for  the  said  mayor,  recorder,  al- 
dermen and  commonalty,  if  they  shall  see  fit,  instead  of  pursuing  the 
remedy  by  action  provided  by  the  last  preceding  section,  to  cause  such 
vacant  lots  to  be  advertised  in  one  of  the  public  newspapers  printed  in 
the  said  city,  and  in  one  of  the  public  newspapers  printed  in  the  city  of 
Albany,  for  six  months,  requiring  the  owners  of  such  lots  respectively 
to  pay  to  the  treasurer  of  the  said  city  of  Schenectady  the  amount  of 
the  expenses  that  may  have  been  incurred  and  paid  by  the  said  mayor, 
recorder,  aldermen  and  commonalty,  in  conforming  any  such  streets  or 
lanes  in  front  of  any  such  lots,  to  the  said  by-laws  or  ordinances,  and 
that  if  default  shall  be  made  in  such  payment,  such  lots  will  be  sold  at 
public  auction,  at  a day  and  place  therein  to  be  specified,  for  the  lowest 


21 


term  of  years  at  which  any  person  shall  offer  to  take  the  same,  in  con- 
sideration of  advancing  the  amount  of  the  said  expenses ; and  if,  not- 
withstanding such  notice  and  demand,  the  owner  or  owners  shall  re- 
fuse or  neglect  to  pay  the  same,  with  the  interest  and  the  costs  and 
charges  of  the  advertisement,  then  it  shall  be  lawful  for  the  said  mayor, 
recorder,  aldermen  and  commonalty,  to  cause  the  said  lots  to  be  sold 
at  public  auction  for  a term  of  years,  for  the  purposes  and  in  the  man- 
ner expressed  in  the  said  advertisement,  and  to  give  a declaration  of 
such  sale  to  the  purchaser  thereof,  under  the  common  seal  of  the  said 
city ; and  such  purchaser,  his  executors,  administrators  and  assigns, 
shall,  by  virtue  thereof,  and  of  this  act,  lawfully  hold  and  enjoy  the 
same  for  his  and  their  own  proper  use,  against  the  owner  or  owners 
thereof,  and  all  claiming  under  him  or  them,  until  his  term  therein  shall 
be  fully  complete  and  ended,  being  at  liberty  to  remove  all  the  build- 
ings and  materials  which  he  or  they  shall  erect  or  place  thereon,  but 
leaving  the  ground  in  sufficient  fence,  and  with  the  street  or  streets 
fronting  the  same,  in  the  order  required  by  the  said  by-laws  or  ordi- 
nance : and  further,  the  amount  of  the  expenses  incurred  and  paid  by 
the  said  mayor,  recorder,  aldermen  and  commonalty,  for  conforming 
the  streets  or  lanes  in  front  of  any  such  vacant  lots,  shall  remain  a lien 
thereon  from  the  time  of  the  payment  thereof  by  the  said  mayor,  re- 
corder, aldermen  and  commonalty,  in  manner  aforesaid,  until  paid  or 
otherwise  satisfied. 

§ 36.  If  the  expenses  that  may  be  incurred  and  paid  by  the  said  may- 
or, recorder,  aldermen  and  commonalty,  for  conforming  the  streets  or 
lanes  in  front  of  any  such  vacant  lots,  to  any  such  by-laws  or  ordinan- 
ces, shall  be  paid  by  any  person,  when,  by  agreement  or  by  law,  the 
same  ought  to  have  been  borne  or  paid  by  some  other  person,  then  it 
shall  be  lawful  for  the  person  paying  the  same,  to  sue  for  and  recover 
the  same,  with  interest  and  costs  of  suit,  in  any  court  having  cogni- 
zance thereof,  as  so  much  money  paid  for  the  use  of  the  person  who 
ought  to  have  paid  the  same  ; and  the  account  of  such  expenses,  certi- 
fied as  aforesaid  by  the  city  superintendent,  and  proof  of  payment,  shall 
be  conclusive  evidence  in  such  suit ; and  in  all  cases  where  there  is  no 
agreement  to  the  contrary,  the  owner  or  landlord,  and  not  the  occu- 
pant or  tenant,  shall  be  deemed  the  person  who  in  law  ought  to  bear 
and  pay  such  expenses. 

§ 37.  The  said  common  council  shall  and  may  hereafter  open  and  lay 
out  public  streets  in  the  said  city,  of  any  width  less  than  four  rods ; and 
if  in  the  opinion  of  the  common  council  it  shall  be  necessary  to  take  any 


vacant  ground  or  lots  unoccupied,  of  any  person,  for  the  purpose  of 
opening,  widening,  straightening,  laying  out  or  altering  any  street  or 
slip,  and  the  common  council  shall  require  the  same,  they  shall  give 
notice  thereof  to  the  owner  or  parties  interested  therein,  or  to  his  or 
their  agent  or  legal  representatives,  and  the  said  common  council  shall 
treat  for  such  ground  with  such  person ; and  if  any  such  person  shall 
refuse  to  treat  for  such  ground,  or  the  common  council  cannot  agree 
for  the  same,  it  shall  and  may  be  lawful  for  the  mayor  or  recorder,  by 
a precept  under  their  hands  and  seals,  to  command  the  sheriff  of  the 
county  of  Schenectady  to  impannel  and  return,  and  he  is  hereby  re- 
quired to  impannel  and  return,  a jury,  to  appear  before  the  court  of 
common  pleas  of  the  county  of  Schenectady,  at  the  next  term  thereaf- 
ter, to  inquire  and  assess  the  damages  and  recompense  due  to  the  own- 
er or  owners  of  such  ground  as  aforesaid ; at  the  same  time  to  sum- 
mon the  owner  or  owners  of  such  ground,  or  his  or  their  agent  or  legal 
representatives,  by  written  notice  to  be  left  at  his  or  their  most  usual 
place  of  abode,  five  days  at  least  previous  to  the  day  of  appearance  spe- 
cified in  such  precept,  to  appear  before  such  court  of  common  pleas  on 
the  day  and  at  the  place  therein  mentioned ; upon  which  venire  the 
said  sheriff  shall  summon  twenty-four  good  and  lawful  men,  freehold  - 
ers of  the  city  of  Schenectady  ; which  jury,  being  first  duly  sworn 
faithfully  and  impartially  to  inquire  into  and  assess  the  damages  in  ques- 
tion, and  having  viewed  the  premises,  (if  necessary,)  shall  inquire  of 
and  assess  such  damages  and  recompense  as  they  shall,  under  all  the 
circumstances,  judge  fit  to  be  awarded  to  the  owner  or  owners  of  such 
ground  for  their  respective  losses,  according  to  their  several  interests 
and  estates  therein  ; and  the  verdict  of  such  jury,  and  the  judgment  of 
the  said  court  of  common  pleas,  and  the  payment  of  the  sum  of  money 
so  awarded  and  adjudged  to  the  owner  or  owners  thereof,  or  tender  and 
refusal  thereof,  shall  be  conclusive  and  binding  against  the  said  owner 
or  owners,  his  and  their  respective  heirs,  executors,  administrators  and 
assigns,  claiming  any  interest  or  estate  of,  in  or  to  the  same  ground  ; 
and  it  shall  thereupon  be  lawful  for  the  said  mayor,  recorder,  aldermen 
and  commonalty,  to  cause  the  same  ground  to  be  converted  to  and  used 
for  the  purposes  aforesaid  : provided  always,  that  if  such  owner  or  par- 
ties shall  be  unknown  to  the  common  council,  they  shall  cause  notice 
as  aforesaid  of  such  intended  appropriation,  specifying  therein  the 
ground  to  be  appropriated,  to  be  published  six  weeks  successively,  in 
the  newspaper  printed  by  the  printer  to  the  state  ; and  after  the  expi- 
ration of  such  notice,  to  cause  the  damages  to  be  assessed  in  the  man- 


£3 


ner  aforesaid,  without  any  other  notice  ; and  the  sheriff  in  serving  the 
venire  aforesaid,  instead  of  summoning  such  owner  or  parties  to  appear, 
may  serve  a notice  in  writing,  of  the  time  and  place  of  return  of  such 
venire,  by  affixing  the  same  on  some  conspicuous  part  of  the  premises, 
at  least  eight  days  before  such  return,  which  service  shall  be  deemed  a 
sufficient  summons  ; and  it  shall  also  be  sufficient  to  state  in  the  venire, 
that  the  premises  belong  to  persons  unknown ; and  provided  further, 
that  the  said  common  council  may  appropriate  the  premises  aforesaid  in 
cases  of  unknown  or  non-resident  owners  or  parties,  before  payment  of 
the  sum  or  sums  assessed,  and  on  such  owner  or  owners,  or  either  of 
them,  applying  to  the  said  court  of  common  pleas,  and  on  proving  the 
extent  of  his  or  their  interest  in  the  premises  appropriated,  to  the  satis- 
faction of  the  said  court,  such  court  shall  thereupon  ascertain  and  de- 
termine the  part  or  portion  of  the  sum  assessed  to  be  paid  to  such  own- 
ers and  parties  so  applying  respectively,  and  enter  the  same  in  their 
minutes-;  a copy  of  which  entry,  under  the  seal  of  the  said  court,  and 
certified  by  the  clerk,  shall  entitle  the  said  owners  or  parties  respec- 
tively, to  the  sum  or  sums  so  ascertained  and  determined  ; and  in  case 
of  non-payment  on  demand,  with  interest,  or,  in  cases  where  the  own- 
ers or  parties  shall  be  known  and  named  in  the  venire,  the  said  com- 
mon council  shall  refuse  or  neglect,  on  demand,  to  pay  the  sum  or  sums 
assessed,  with  interest  from  the  time  of  the  judgment  rendered  upon 
such  assessment,  the  said  parties,  or  either  of  them,  entitled  to  the' 
same,  may  sue  for  and  recover  the  same  from  the  said  mayor,  recorder, 
aldermen  and  commonalty,  in  an  action  of  debt,  together  with  such  in- 
terest and  costs,  in  any  court  having  cognizance  thereof ; and  the  pro- 
ceedings under  the  said  venire,  and  antecedent  thereto,  shall  be  conclu- 
sive evidence  against  the  defendants.  Nothing  herein  contained  shall 
be  construed  to  extend  to  the  taking  or  appropriating,  without  the  con- 
sent of  the  owners,  any  dwelling-house  or  houses,  or  the  ground  on 
which  the  same  is  or  are  erected.  Any  person  aggrieved  by  any  such 
assessment  made  under  this  section  of  this  act,  shall  have  a right  to 
appeal  to  the  supreme  court  of  this  state,  whose  decision  upon  the  same 
shall  be  final  and  conclusive. 

§ 88.  Where  any  known  owner  or  party  residing  in  the  said  city, 
shall  be  an  infant,  without  a guardian,  and  any  proceedings  shall  be 
had  under  the  preceding  section,  it  shall  be  lawful  for  the  said  court  of 
common  pleas,  upon  application  to  them  by  the  common  council,  or  by 
such  minor,  to  appoint  a guardian  for  the  faithful  execution  of  his  trust ; 
and  every  subsequent  notice  and  summons  under  the  said  section,  shall 


24 


be  made  and  served  on  such  guardian,  instead  of  such  infant ; but  if  such 
infant  reside  without  the  said  city,  or  be  unknown,  then  proceedings 
shall  be  in  like  manner  as  against  absent  or  unknown  owners  under  the 
preceding  section,  and  with  like  effect. 

§ 39.  It  shall  be  lawful  for  the  said  common  council,  from  time  to 
time,  to  appoint  so  many  of  the  members  thereof  as  shall  be  thought 
necessary  to  form  a board  of  health,  to  aid  and  assist  the  mayor  of  the 
said  city  to  carry  into  effect  the  provisions  of  the  several  statutes  which 
are  or  maybe  passed  to  preserve  the  health  of  the  said  city,  and  to  pre- 
vent the  introduction  and  spreading  of  infectious  and  pestilential  diseases 
in  the  "same  : and  further,  that  the  members  of  the  said  board  of  health 
shall  receive  a reasonable  compensation  for  their  services,  to  be  deter- 
mined by  the  said  common  council,  and  paid  by  the  mayor,  recorder,  al- 
dermen and  commonalty  of  the  said  city. 

§ 40.  That  for  the  good  government  of  the  said  city  of  Schenectady, 
and  for  the  purpose  of  enforcing  the  laws  of  this  state,  and  the  ordinan- 
ces of  the  common  council  of  the  said  city,  a police  office  may  be  estab- 
lished by  the  said  common  council,  at  such  place  as  they  shall  from  time 
to  time  provide  and  assign. 

§ 41.  The  common  council  of  the  said  city  shall  have  power  and  au- 
thority to  regulate  the  police  of  said  city,  and  to  appoint  one  or  more 
persons,  being  citizens  of  said  city,  and  not  exceeding  three,  as  police 
justices,  to  hold  their  offices  during  the  pleasure  of  the  common  coun- 
cil ; and  that  the  said  police  justice  or  justices,  shall  have  and  exercise 
the  like  powers  in  said  city  as  are  now  exercised  by  any  alderman  there- 
of, or  by  justices  of  the  peace  in  the  different  towns  of  this  state  : pro- 
vided, that  nothing  herein  contained  shall  be  construed  to  authorise  said 
police  justice  or  justices  to  try  any  civil  causes  for  the  recovery  of  debts. 

§ 42u  That  when,  in  the  opinion  of  the  said  common  council,  they 
shall  deem  any  building,  fence,  or  other  erection,  liable  to  fall  down, 
and  endanger  the  lives  of  any  persons,  it  shall  be  lawful  for  the  common 
council  to  direct  the  owner  or  occupant  to  have  the  same  taken  down, 
within  such  reasonable  time  as  they  shall  think  proper ; and  in  case  such 
direction  shall  not  be  complied  with,  it  shall  be  lawful  for  the  common 
council  of  said  city  to  direct  the  same  to  be  taken  down  at  the  expense 
of  such  owner  or  occupant,  to  be  recovered  with  costs  of  suit,  from  such 
owner  or  occupant,  in  an  action  of  debt,  in  the  name  of  the  treasurer  of 
said  city. 

§ 43.  All  acts  and  parts  of  acts  of  the  legislature  of  this  state,  hereto- 
fore passed,  relating  to  the  said  city  of  Schenectady,  which  are  repug- 


nant  to  or  inconsistent  with  the  provisions  of  this  act,  shall,  from  and 
after  the  thirtieth  day  of  May  next,  be,  and  the  same  are  hereby,  re- 
pealed. 

§ 44.  The  legislature  may  at  any  time  alter,  modify  or  repeal  this 
act,  or  any  of  its  provisions. 


AN  ACT  to  incorporate  the  Mohawk  Turnpike  and 
Bridge  Company. 

Passed  April  4,  1800. 

6.  What  bridges  to  be  considered  as  part  of  said  road. 

8.  Gate  may  be  erected  on  bridge  at  Schenectady. — Proviso. 

§ 6.  And  be  it  further  enacted , That  all  bridges  being  on  the  said 
road,  including  the  said  bridges  across  the  Mohawk  river  at  Schenec- 
tady and  Utica,  shall  be  considered  as  part  of  the  said  road,  and  shall 
be  maintained  and  kept  in  repair  by  the  said  president,  directors  arid 
company,  during  the  continuance  of  this  act. 

§ 8.  And  be  it  further  enacted , That  as  soon  as  the  bridge  at  the  city 
of  Schenectady  aforesaid,  shall  be  completed  and  finished,  it  shall  be 
lawful  for  the  president,  directors  and  company  to  erect  a gate  and 
turnpike  upon  and  across  the  said  bridge,  and  to  ask,  demand  and  re- 
1 ceive  from  all  and  every  person  and  persons  who  shall  pass  over  the 
same,  the  like  tolls  and  duties  as  hereinafter  granted  to  the  said  corpo- 
ration for  every  ten  miles  of  said  road  : provided  always,  that  the  citi- 
zens of  the  said  city  of  Schenectady  shall  be  allowed  to  compound  with 
the  said  president  and  directors  by  the  year,  for  passing  the  said  bridge. 


AN  ACT  to  amend  the  act  entitled  “An  act  to  incorpo- 
rate the  Mohawk  Turnpike  and  Bridge  Company 
and  the  different  acts  amending  the  same. 

Passed  Feb.  21,  1812. 

3.  Gates  arid  toll-houses,  how  to  be  placed. — Provisos  as  to  toll  to  be  ex- 
acted. 

§ 3.  And  be  it  further  enacted , That  it  shall  and  may  be  lawful  for 
the  president  and  directors  of  the  aforesaid  company  to  place  their  toll- 
D 


26 


gates  and  toll-houses  at  such  distances  as  they  may  find  most  conve- 
nient : provided  none  of  the  said  gates  are  less  than  eight  miles  from 
each  other,  except  two  half-toll  gates ; and  provided  they  have  no  more 
than  seven  whole  and  two  half-toll  gates  on  the  whole  road  from  Sche- 
nectady to  Utica ; and  provided  further,  that  no  gate  shall  be  placed 
nearer  to  the  city  of  Schenectady  than  five  miles  from  the  Mohawk 
bridge  at  Schenectady,  nor  nearer  the  village  of  Utica  than  four  and  a 
half  miles  thereof,  nor  nearer  the  village  of  Herkimer,  on  the  east  there- 
of, than  two  miles ; and  provided  further,  that  no  toll  shall  be  exacted 
from  the  inhabitants  of  the  city  of  Schenectady  at  the  gate  nearest  said 
city,  when  going  for,  or  coming  with  hay  or  wood,  for  the  use  of  said 
city  ; nor  any  toll  from  the  inhabitants  of  the  fourth  ward  of  said  city, 
when  passing  the  said  last  mentioned  gate  on  any  occasion. 

AN  ACT  relating  to  the  Mohawk  Bridge  Company. 

Passed  April  10,  1818- 

Preamble. 

1.  Toll  regulated  in  certain  cases. 

5.  Evidence  required  in  certain  cases. 

Whereas  an  agreement  was  entered  into  by  the  corporation  of  the 
city  of  Schenectady,  and  the  president  and  directors  of  the  Mohawk 
Bridge  Company,  relative  to  the  toll  to  be  taken  and  received  from  the 
citizens  of  said  city,  for  crossing  said  bridge,  for  a limited  time,  which 
time  having  expired,  and  the  said  citizens  having  petitioned  to  have  the 
same  rates  made  perpetual,  to  which  the  said  president  and  directors 
have  assented : Therefore, 

Be  it  enacted , by  the  People  of  the  State  of  New-  York,  represented  in 
Senate  and  Assembly,  That  no  more  or  greater  toll  shall  be  demanded 
from  the  citizens  of  Schenectady,  for  crossing  the  Mohawk  Bridge,  at 
the  city  of  Schenectady,  than  the  following,  to  wit : Every  five  sheep, 
hog  or  calf,  one  and  a half  cents ; every  head  of  horned  cattle,  nine 
cents  ; every  horse,  jack  or  mule,  led  or  rode,  six  and  a quarter  cents ; 
every  two  wheel  pleasure  carriage,  drawn  by  one  horse,  jack  or  mule, 
twelve  and  a half  cents,  and  six  and  a quarter  cents  for  every  addition- 
al horse,  jack  or  mule ; every  four  wheel  pleasure  carriage,  the  body 
whereof  is  supported  by  springs  or  thorough  braces,  drawn  by  one 
horse,  jack  or  mule,  eighteen  and  three  quarter  cents,  and  six  and  a 


£7 


quarter  cents  for  every  additional  horse,  jack  or  mule ; every  pleasure 
wagon,  drawn  by  one  horse,  jack  or  mule,  twelve  and  a half  cents,  and 
six  and  a quarter  cents  for  every  additional  horse,  jack  or  mule  ; every 
stage  wagon  drawn  by  one  horse,  jack  or  mule,  twelve  and  a half  cents  ; 
every  stage  wagon  drawn  by  two  horses,  jacks  or  mules,  twelve  and  a 
half  cents,  and  six  and  a quarter  cents  for  every  additional  horse,  jack 
or  mule  ; every  freight  or  burthen  wagon  drawn  by  one  horse,  jack  or 
mule,  six  and  a quarter  cents  ; every  freight  or  burthen  wagon  drawn 
by  two  horses,  jacks,  mules  or  oxen,  nine  and  a half  cents,  and  four  and 
a half  cents  for  every  additional  horse,  jack,  mule  or  ox ; every  freight 
or  burthen  wagon  going  to  a foreign  market  with  wood,  hoop-poles, 
staves  or  barrels,  drawn  by  two  horses,  jacks,  mules  or  oxen,  when 
going  to  market  eighteen  and  three  quarter  cents,  and  when  returning 
from  market  nine  and  a half  cents,  and  four  and  a half  cents  for  every 
additional  horse,  jack,  mule  or  ox ; every  cart  or  other  two  wheel  car- 
riage of  burthen,  drawn  by  one  horse,  jack,  mule  or  ox,  six  and  a quar- 
ter cents ; every  cart  or  other  two  wheel  carriage  of  burthen,  drawn 
by  two  horses,  jacks,  mules  or  oxen,  ten  and  a half  cents,  and  fourvand 
a half  cents  for  every  additional  horse,  jack,  mule  or  ox  ; every  sleigh  or 
sled  of  any  description,  drawn  by  two  horses,  jacks,  mules  or  oxen, 
nine  and  a half  cents,  and  four  and  a half  cents  for  every  horse,  jack, 
mule  or  ox  ; every  foot  passenger  one  cent ; every  load  of  lime,  timber, 
staves,  hoop-poles  or  other  articles,  not  the  produce  of  the  farms,  drawn 
by  two  horses,  jacks,  mules  or  oxen,  coming  into  the  first  or  second 
wards  of  Schenectady,  twelve  and  a half  cents,  and  nine  and  a half 
cents  when  such  wagon  shall  return  empty,  every  additional  horse,  jack, 
mule  or  ox  four  and  a half  cents. 

§ 5.  And  be  it  further  enacted , That  the  toll-gatherer  or  toll-gather- 
ers of  said  bridge  shall  not  be  bound  to  allow  any  person  or  persons  to 
pass  the  gate  or  gates  thereof,  at  the  mitigated  rates  of  toll,  as  citizens 
of  Schenectady,  in  cases  wherein  he  has  not  satisfactory  evidence  of 
such  person  or  persons  being  such  citizen  or  citizens,  until  satisfactory 
proof  shall  be  exhibited  to  him,  nor  shall  he  refund  any  part  of  full  tolls 
received  from  such  citizen,  unless  such  proof  be  exhibited  within  ten 
days  after  the  taking  of  the  same. 


28 


AN  ACT  for  establishing  a Turnpike  Road  from  oppo- 
site the  village  of  Troy , to  the  city  of  Schenectady . 

Passed  April  2,  1802. 

6.  [This,  section  in  the  first  place  authorises  the  erection  of  gates  and  the 
exaction  of  toll,  and  then  contains  the  following  proviso:] 

And  ‘provided  further , That  the  mayor,  aldermen  and  commonalty  of 
the  city  of  Schenectady  may,  whenever  they  shall  deem  it  necessary 
for  the  convenience  of  the  inhabitants  of  the  said  city  of  Schenectady, 
cause  such  part  of  the  turnpike  track  as  shall  lay  within  the  limits  of 
the  said  city  to  he  pitched,  levelled  and  paved,  in  such  manner  as  to 
them  shall  seem  proper,  so  as  that  the  said  president,  directors  and 
company  be  exempted  from  any  expense  incurred  by  means  of  such 
pitching,  levelling  or  paving,  or  keeping  such  part  thereof  as  may  be 
paved  in  repair ; and  that  the  said  turnpike  company  shall  not  be  per- 
mitted to  alter  the  level  so  established  by  the  said  mayor,  aldermen  and 
commonalty. 


AN  ACT  relating  to  the  different  Colleges  within  this 
State. 

Passed  April  9,  1813. 

15.  Gaming,  &c.  in  first  and  second  wards  of  Schenectady  prohibited  to 
students,  and  how. — Penalty. 

§ 15.  And  he  it  further  enacted , That  it  shall  not  be  lawful  for  any 
person  to  entice  the  students  of  Union  College,  or  of  the  grammar 
school  belonging  to  the  same,  into  the  vice  of  gaming,  by  keeping  with- 
in the  first  and  second  wards  of  the  city  of  Schenectady,  any  billiard 
table  or  other  instrument  or  device  for  the  purpose  of  gaming ; and 
that  if  any  person  shall  keep  any  billiard  table  or  other  instrument  or 
device  for  gaming,  within  the  aforesaid  first  and  second  wards  of  the 
city  of  Schenectady,  or  shall  entice  or  permit  any  student  of  Union 
College,  or  of  the  grammar  school  belonging  to  the  same,  to  game  or 
play  at  the  said  billiard  table  or  other  instrument  or  device  aforesaid, 
or  shall  entice  or  permit  them,  or  any  of  them,  to  enter  the  place  where 


29 


tiie  same  is  kept,  every  person  so  offending  sliall  forfeit  the  sum  of 
twenty -five  dollars  for  every  such  offence,  to  be  recovered  in  an  action 
of  debt  in  any  court  having  cognizance  thereof,  the  one  moiety  to  the 
use  of  the  people  of  this  state,  and  the  other  to  the  benefit  of  such  per- 
son as  shall  prosecute  therefor. 


AN  ACT  for  the  payment  of  qertain  officers  of  Govern- 
ment, and  for  other  purposes. 

Passed  April  15,  1814. 

34.  Students  of  Union  College,  wine,  &c.  not  to  be  furnished  them. 

§ 34.  And  be  it  further  enacted , That  from  and  after  the  passing  of 
this  act,  it  shall  not  be  lawful  for  any  person,  residing  or  being  in  the 
first  or  second  wards  of  the  city  of  Schenectady,  except  the  steward  of 
Union  College,  or  such  other  person  as  the  trustees  thereof  may  author- 
ize, knowingly,  to  furnish  for  compensation,  any  student  or  students 
thereof,  with  any  wine  or  spirituous  liquors,  of  any  sort,  nor  to  furnish 
for  them  a room  or  festival  entertainment,  or  to  allow  them  to  attend 
the  same,  by  whomsoever  furnished. 


AN  ACT  to  amend  the  act  entitled  “An  act  concerning 
the  inspection  of  sole  leather”  and  for  other  purposes. 

Passed  April  18,  1815. 

5.  Duty  of  Justices  of  the  Peace  in  Schenectady  county. 

§ 5.  And  be  it  further  enacted , That  it  shall  be  the  duty  of  any  Jus- 
tice of  the  Peace  of  the  county  of  Schenectady,  on  complaint  being 
made  to  him  of  any  person  or  persons  offending  against  either  of  the 
provisions  contained  in  the  thirty-fourth  or  in  the  thirty- fifth  sections 
of  the  act  entitled  “ An  act  for  the  payment  of  certain  officers  of  gov- 
ernment, and  for  other  purposes,”  passed  April  15th,  1814,  to  issue  his 
warrant  to  apprehend  such  person  or  persons,  and  on  their  being  con- 
victed thereof,  by  one  or  more  credible  witnesses,  to  fine  such  person 
or  persons,  in  a sum  not  exceeding  twenty-five  dollars ; and  in  case  the 


30 


same  is  not  paid,  to  issue  an  execution,  directed  to  any  constable  of 
the  said  county,  whose  duty  it  shall  be  to  collect  the  same  in  the  man- 
ner specified  in  the  act  entitled  “ An  act  for  the  recovery  of  debts  to 
the  value  of  twenty-five  dollars,”  passed  April  5,  1813,  and  when  col- 
lected, to  pay  the  same  to  the  treasurer  of  the  city  of  Schenectady,  for 
the  benefit  of  the  poor  thereof. 


AN  ACT  relative  to  billiard  tables , and  for  other  pur- 
poses. 

Passed  April  17,  1818. 

1.  Certain  sections  extended. 

§ 1.  Be  it  enacted  by  the  People  of  the  State  of  JYew-  York,  represented 
in  Senate  and  Assembly , That  the  provisions  contained  in  the  thirty- 
fourth  and  thirty-fifth  sections  of  the  act  entitled  “ An  act  for  the  pay- 
ment of  certain  officers  of  government,  and  for  other  purposes,”  passed 
April  15th,  1814,  and  also  the  provisions  in  the  fifth  and  sixth  sections 
of  the  act  entitled  “ An  act  to  amend  the  act  entitled  ‘ An  act  concern- 
ing the  inspection  of  sole  leather,’  and  for  other  purposes,”  passed  April 
18th,  1815,  and  also  the  provisions  of  the  first  section  of  an  act  con- 
cerning Union  College,  passed  April  1,  1808,  be,  and  the  same  are 
hereby,  extended  to  the  third  and  fourth  wards  of  the  city  of  Schenec- 
tady. 

AN  ACT  to  amend  an  act  entitled  “An  act  relative  to 
the  city  of  Schenectady”  passed  the  2d  day  of  April , 
1814. 

Passed  April  15,  1814. 

1.  Trespasses  on  common  lands,  how  punished. 

§ 1.  Be  it  enacted  by  the  People  of  the  State  of  New- York,  represented 
in  Senate  and  Assembly , That  any  person  or  persons,  whether  inhabi- 
tants of  said  city  or  not,  who  shall  cut  any  timber  or  wood  on  the  com- 
mon lands  of  said  city,  or  shall  transport  or  carry  away  the  same,  or 
'Carry  away  any  timber  or  wood  cut  by  any  other  person  or  persons,  on 


31 


said  common  lands,  or  shall  aid  or  assist,  or  cause  or  procure  any  tim- 
ber or  wood  to  be  cut  on  the  said  common  lands,  or  transported  or  car- 
ried away,  off  or  from  the  said  common  lands,  contrary  to  the  by-laws 
and  ordinances  of  the  mayor,  aldermen  and  commonalty  of  said  city, 
passed  or  to  be  passed,  for  the  preservation  of  the  timber  or  wood  on 
the  said  common  lands,  pursuant  to  the  laws  of  this  state,  shall  be  lia- 
ble to  be  indicted  and  punished,  as  for  wilful  and  malicious  trespass 
committed  on  private  property. 


AN  ACT  in  addition  to  the  act  relating  to  the  city  of 
Schenectady . 

Passed  March  10,  1815. 

9:  Dogs  may  be  restrained. 

§ 9.  And  be  it  further  enacted , That  the  mayor,  aldermen  and  com- 
monalty of  the  aforesaid  city,  be  empowered  to  regulate  or  prevent  the 
running  at  large  of  dogs  in  the  said  city,  and  also  to  impose  a reasona- 
ble tax  upon  the  owners  or  possessors  of  such  dogs,  at  their  discretion. 


AN  ACT  to  incorporate  the  Schenectady  Lancaster 
School  Society. 

Passed  November  1£,  1816. 

Preamble. 

1.  Who  incorporated. — Style  and  powers  of  society. 

2.  Money  raised  in  the  police,  how  to  be  appropriated. 

3.  First  trustees. 

4.  Trustees,  how  to  be  elected. 

5.  Account  of  the  school  to  be  annually  published. 

6.  Declared  a public  act. — Proviso. 

Whereas  Maus  Schermerhorn  and  others,  have  associated  for  the 
purpose  of  establishing  a Lancaster  School,  in  the  compact  parts  of  the 
first  or  second  ward  of  the  city  of  Schenectady,  in  order  to  render  the 
benefits  resulting  from  the  school  fund  more  extensively  useful  and  ben- 


32 


eficial  to  the  inhabitants  of  said  wards  : And  whereas  a great  number 
of  said  inhabitants  have  presented  a petition  to  the  legislature,  setting 
forth  the  benefits  that  would  result  from  such  an  institution,  and  praying 
an  act  of  incorporation  for  that  purpose  : Therefore, 

1.  Be  it  enacted  hy  the  People  of  the  State  of  JYew-YorJc,  represented 
in  Senate  arpd  Assembly , That  Maus  Schermerhorn  and  all  such  other 
persons  as  now  are,  or  shall  hereafter  be  associated  for  the  aforesaid 
purpose,  shall  be,  and  are  hereby,  ordained,  constituted  and  declared  to 
be  a body  corporate  and  politic,  in  fact  and  in  name,  by  the  name  of 
“ The  Schenectady  Lancaster  School  Society,”  and  by  that  name,  they 
and  their  successors,  forever  hereafter,  shall  and  may  have  continual 
succession  ; and  by  that  name,  shall  and  may  be  persons  in  law  capa- 
ble of  suing  and  being  sued,  pleading  and  being  impleaded,  answering 
and  being  answered  unto,  defending  and  being  defended,  in  all  Courts 
and  places  whatsoever,  in  all  manner  of  actions,  suits,  complaints,  mat- 
ters and  causes  whatsoever ; and  that  they  and  their  successors  may 
have  a common  seal,  and  may  change  and  alter  the  same  at  their  plea- 
sure ; and  that  they  and  their  successors,  by  their  said  name,  shall  be 
forever  capable  in  law,  to  purchase,  take,  receive,  hold  and  enjoy  any 
estate,  real  or  personal  whatsoever,  of  what  nature  or  quality  soever, 
to  the  use  of  them  and  their  successors  : Provided  always , That  the 
yearly  income  of  the  real  and  personal  estate  and  hereditaments,  held 
by  the  said  corporation,  do  not,  nor  shall  at  any  time,  exceed  the  sum 
of  five  thousand  dollars  ; and  that  they  and  their  successors  shall  have 
full  power  and  authority  to  lease  such  real  estate  and  hereditaments  on 
such  terms  as  they  shall  judge  most  beneficial,  and  also  dispose  of  such 
personal  estate  at  their  will  and  pleasure,  as  shall  appear  to  them  most 
advantageous  for  promoting  the  benevolent  purposes  of  said  institution. 

§ 2.  And  be  it  further  enacted , That  all  money  raised,  or  to  be  here- 
after raised,  in  that  part  of  the  first  and  second  wards  of  the  city  of 
Schenectady  called  the  police,  under  the  act  relative  to  common  schools, 
together  with  theif  proportion  of  the  school  fund  from  the  state,  and  the 
money  in  the  hands  of  the  commissioners  of  schools  belonging  to  the 
freeholders  and  inhabitants,  within  the  bounds  of  the  police,  shall  be 
paid  to  the  trustees  of  the  said  corporation ; and  the  money  raised  in 
the  remaining  parts  of  the  said  first  and  second  wards,  together  with 
their  proportion  of  the  common  school  money,  be  paid  to  the  trustees, 
to  be  elected  in  the  district  which  shall  be  composed  of  the  said  remain- 
ing part  of  the  first  and  second  wards,  under  the  act  relative  to  com- 
mon schools,  which  territory  is  hereby  made  a school  district  for  that 


S3 


purpose,  unless  the  freeholders  and  inhabitants  thereof  shall  elect  to  be 
annexed  to  a district  or  districts  in  the  town  of  Niskayuna,  when  it  shall 
be  lawful  for  them  so  to  do. 

§ 3.  And  be  it  further  enacted , That  there  shall  be,  forever  hereafter, 
thirteen  trustees  of  the  said  corporation,  who  shall  conduct  and  manage 
the  affairs  thereof ; and  that  the  first  trustees  of  the  said  corporation 
shall  be  Maus  Schermerhorn,  Henry  Yates,  Jun.,  Cyrus  Stebbins,  Ja- 
cob Van  Ve^hten,  Hooper  Gumming,  Isaac  Riggs,  Elisha  Taylor, 
Eliphalet  Nott,  James  Bailey,  David  Boyd,  Abraham  S.  Groat,  Charles 
Kane  and  James  C.  Duane,  who  shall  hold  their  offices  until  the  second 
Saturday  of  March,  in  the  year  eighteen  hundred  and  eighteen  ; and 
the  trustees  of  the  said  corporation  for  the  time  being,  shall  have  pow- 
er'to  establishone  or  more  schools  in  the  first  or  second  wards  of  said 
city,  for  the  purpose  aforesaid,  whenever  they  shall  deem  it  expedient. 

§ 4.  And  be  it  further  enacted,  That  on  the  second  Saturday  of 
March,  in  every  year  hereafter,  it  shall  be  lawful  for  the  inhabitants  of 
the  said  first  and  second  wards,  residing  within  the  police  of  said  city, 
entitled  to  vote  for  charter  officers  in  said  city,  to  meet  at  the  court 
house  or  city  hall  of  said  city,  and  then  and  there,  by  a majority  of  such 
of  them  as  shall  so  meet,  shall,  by  ballot,  elect  thirteen  citizens  to  be 
trustees  of  the  said  corporation  for  the  year  next  ensuing  ; and  the  trus- 
tees shall  have  power  to  choose  out  of  their  number  a president,  a trea- 
surer and  secretary,  who  shall  immediately  enter  on  the  duties  of  their 
offices,  and  hold  the  same  from  the  time  of  such  election  for  one  year, 
and  until  others  shall  be  elected  in  their  stead ; and  in  case  of  the  re- 
signation, death,  or  refusal  to  serve,  of  any  of  the  trustees,  it  shall  be 
in  the  power  of  the  remaining  trustees  to  elect  others  in  their  stead  for 
the  remainder  of  the  term  they  were  to  serve. 

§ 5.  And  be  it  further  enacted , That  it  shall  be  the  duty  of  the  said 
trustees  of  the  said  corporation,  annually,  to  publish  a particular  ac- 
count of  the  school  under  their  care,  and  of  the  money  expended  and 
received  by  them  during  the  preceding  year,  so  as  to  exhibit  a full  and 
true  account  of  the  property  of  said  corporation,  and  that  they  shall  ap- 
point a committee  from  their  body,  consisting  of  at  least  two  members, 
whose  duty  it  shall  be  to  visit  said  school  at  least  once  a month,  and  to 
report  to  them,  in  writing,  the  state  of  said  school  at  their  next  meet- 
ing. 

§ 6.  And  be  it  further  enacted , That  this  act  shall  be  and  hereby  is 
declared  a public  act,  and  shall  be  construed  benignly  and  favorably,  for 
every  beneficial  purpose  thereby  intended,  nor  shall  any  non-user  of  the 
E 


34 


privileges  hereby  granted  to  the  said  corporation  create  or  produce  any 
forfeiture  of  the  same,  and  no  misnomer  of  said  corporation,  in  any  deed, 
will,  testament,  gift,  grant/demise,  or  other  instrument  of  contract  or 
conveyance,  shall  defeat  or  vitiate  the  same ; Provided  the  corporation 
be  sufficiently  described  to  ascertain  the  intention  of  the  parties : Pro- 
vided always , that  the  said  corporation  shall,  under  no  pretence,  exer- 
cise any  banking  operations. 


AN  ACT  to  provide  for  the  apportionment  of  school 
money  in  the  city  of  Schenectady. 

Passed  April  SO,  1829, 

S Revised  Statutes , pclge  241. 

1.  Apportionment. — 2.  Duty  of  county  treasurer. 

3.  Of  school  commissioners. — 4.  Of  assessors. 

5.  School  trustees. 

6.  Apportionment  of  money  collected  by  tax. 

7.  Lancaster  school. 

8.  Abstracts  of  assessment  rolls. 

9.  Repeal  of  certain  sections. 

§ 1.  The  amount  of  monies  allowed  to  the  city  of  Schenectady  by  the' 
superintendent  of  common  schools,  shall  be  apportioned,  by  the  treasu- 
rer of  the  county  of  Schenectady,  between  the  Schenectady  Lancaster 
School  Society  and  such  common  school  districts  and  parts  of  districts 
as  now  are  or  hereafter  may  be  organized,  without  the  bounds  of  the 
compact  part  of  the  city  of  Schenectady  called  the  police,  and  in  a ra- 
tio proportioned  to  the  number  of  children  over  the  age  of  five  and  un- 
der sixteen  years  within  such  compact  part,  and  the  number  of  sueh 
children  in  such  districts  and  parts  of  districts  respectively,  without 
such  compact  part. 

§ 2.  The  treasurer  of  the  county  of  Schenectady  shall  pay  the  amount 
thus  apportioned  to  the  Schenectady  Lancaster  School  Society  to  its 
treasurer,  for  the  use  of  said  society,  and  the  amount  thus  apportioned 
to  such  school  districts  and  parts  of  districts,  to  the  commissioners  of 
common  schools,  for  the  several  wards  of  the  city  of  Schenectady. 

§ 3.  The  commissioners  of  common  schools  for  the  several  wards  of 
the  said  city,  shall  distribute  and  pay  to  the  trustees  of  such  school  dis 


35 


tricts  and  parts  of  districts,  the  amount  so  received  by  them  from  the 
county  treasury,  in  proportion  to  the  number  of  children  residing  in 
each,  over  the  age  of  five  and  under  that  of  sixteen  years,  as  the  same 
shall  have  appeared  from  the  last  annual  report  of  their  respective  trus- 
tees. 

§ 4.  The  assessors  of  the  several  wards  of  the  city  of  Schenectady 
shall,  every  year,  in  their  respective  wards,  take  a census  of  the  chil- 
dren between  the  age  of  five  and  sixteen  years,  residing  within  the  com- 
pact part  of  said  city,  and  shall,  between  the  first  day  of  May  and  the 
first  day  of  October  in  each  year,  make  and  transmit  a report  of  the 
same  to  the  clerk  of  the  county  of  Schenectady. 

§ 5.  The  reports  required  by  law  to  be  made  by  the  trustees  of  the 
common  school  districts  and  parts  of  districts,  without  the  bounds  of 
the  compact  part  of  the  city  of  Schenectady,  to  the  commissioners  of 
common  schools  for  the  several  wards  of  the  said  city,  shall  be  verified 
by  the  affidavit  of  the  said  trustees. 

§ 6.  The  monies  received  by  the  treasurer  of  the  county  of  Schenec- 
tady, from  taxes  collected  in  said  city,  under  the  laws  relative  to  com- 
mon schools,  shall  be  apportioned  by  him  between  such  common  school 
districts  and  parts  of  districts,  without  the  bounds  of  the  compact  part 
of  said  city,  and  the  Schenectady  Lancaster  School  Society,  in  the  ra- 
tio proportioned  to  the  amount  of  the  assessments  of  the  real  and  per- 
sonal estates  of  the  taxable  inhabitants  residing  in  such  districts  and 
parts  of  districts,  and  the  assessments  of  all  real  estates  situate  therein 
and  owned  by  the  persons  residing  out  of  such  districts  and  parts  of  dis- 
tricts, and  the  amounts  of  the  assessments  of  the  real  and  personal  es- 
tates of  all  the  taxable  inhabitants  of  the  city,  after  deducting  thereout 
the  aggregate  of  the  assessments  last  mentioned, 

§ 7.  The  treasurer  of  the  county  of  Schenectady  shall  pay  the  amount 
apportioned  by  virtue  of  the  last  preceding  section,  to  the  Schenectady 
Lancaster  School  Society,  to  its  treasurer,  for  the  use  of  said  society, 
and  the  amount  apportioned  under  said  sections  to  such  school  districts 
and  parts  of  districts,  to  the  commissioners  of  common  schools  for  the 
several  \tfards  of  said  city,*  which  amount,  so  paid  to  the  said  commis- 
sioners, shall  be  distributed  and  paid  by  them  in  the  manner  provided 
in  the  third  section  of  this  act. 

§ 8.  To  enable  the  treasurer  of  said  county  to  make  the  apportion- 
ment required  by  the  sixth  section  of  this  act,  the  assessors  of  the  seve- 
ral wards  of  the  city  of  Schenectady  shall  annually,  within  the  time  lim- 
ited in  the  fourth  section  of  this  act,  for  taking  the  census  therein  men- 


36 


tioned,  make  out  and  deliver  to  the  treasurer  of  said  county  an  abstract 
from  the  assessment  rolls  of  their  respective  wards,  containing  the 
names  and  the  amounts  of  the  assessments  of  the  real  and  personal  es- 
tates of  each  of  the  taxable  inhabitants  residing  in  the  said  school  dis- 
tricts or  parts  of  districts,  together  with  the  amount  of  the  assessments 
of  all  real  estate  situate  therein  and  owned  by  the  persons  residing  out 
of  such  districts  or  parts  of  districts. 

§ 9.  The  fifth,  sixth,  seventh  and  ninth  sections  of  the  act  entitled 
“An  act  relative  to  the  city  of  Schenectady,”  passed  April  2 1st,  1828, 
are  hereby  repealed. 


Local  regulations  respecting  Common  Schools. 

Sections  150,  151,  152,  of  Titled,  Chap.  15,  Part  1, 
page  494,  of  Revised  Statutes. 

150.  Annual  report  by  trustees  of  Lancaster  school,  and  by  teachers  of 
common  schools. 

151.  Territory  to  be  divided  by  commissioners. 

152.  Annual  reports  of  Lancaster  schools. 

§ 150.  The  trustees  of  the  Schenectady  Lancaster  School  Society, 
and  all  teachers  of  common  schools  within  the  compact  part  of  said  ci- 
ty, shall  make  an  annual  report  to  the  clerk  of  the  county  of  Schenecta- 
dy, within  the  same  period  that  other  district  school  reports  are  to  be 
made,  of  the  number  of  children  within  the  compact  part  of  said  city, 
over  the  age  of  five  and  under  the  age  of  sixteen  years. 

§ 151.  The  commissioners  of  schools  of  the  city  shall  divide  that  por- 
tion of  the  territory  of  the  first  and  second  wards  of  the  city,  not  com- 
prised within  the  bounds  of  the  police,  into  such  number  of  school  dis- 
tricts as  they  may  deem  convenient,  and  may  alter  and  regulate  such 
districts,  according  to  the  provisions  of  this  title : and  the  provisions  of 
this  title  shall  apply  to  all  districts  so  established. 

§ 152.  It  shall  be  the  duty  of  the  trustees  of  the  Lancaster  School  in 
the  city  of  Albany,  of  the  corporation  of  the  city  of  Hudson,  and  of  the 
trustees  of  the  Schenectady  Lancaster  School  Society,  to  make  an  an- 
nual report  to  the  superintendent  of  common  schools,  in  such  form  as 
shall  be  prescribed  by  him,  of  the  state  and  condition  of  the  schools  for 
whose  benefit  the  school  monies  shall  have  been  applied  in  the  cities  of 
Albany,  Hudson  and  Schenectady. 


£7 

\ 

AN  ACT  authorizing  the  Mayor  of  the  city  of  Schenec- 
tady to  perform  certain  duties  of  a Judge  of  the  Su- 
preme Court . 

Passed  March  14,  1817. 

Be  it  enacted , by  the  People  of  the  State  of  JYcio-  York,  represented  in 
Senate  and  Assembly , That  the  mayor  of  the  city  of  Schenectady,  (if, 
for  the  time  being*,  of  the  degree  of  counsellor  at  law  of  the  supreme 
court  of  this  state,)  shall  be,  ex  officio,  a commissioner,  equally  author- 
ized and  empowered  with  the  recorders  of  the  cities  of  New-York,  Al- 
bany and  Hudson,  to  do  and  execute  every  act,  power  and  trust,  which 
the  said  recorders  respectively  may  do  and  execute,  by  virtue  of  the 
eleventh  section  of  the  act  entitled  “An  act  concerning  the  supreme 
court,”  and  by  the  act  entitled  “ An  act  for  giving  relief  in  cases  of  in- 
solvency and  the  said  mayor  shall  receive  the  like  fees  allowed  by 
law  to  the  said  recorders  for  such  services. 

AN  ACT  relative  to  the  city  of  Schenectady . 

Passed  April  12,  1822- 

2.  Mayor,  aldermen,  &c.  not  to  receive  pay. — Proviso. 

§ 2.  And  be  it  further  enacted , That  no  person  hereafter  elected  may- 
or, alderman  or  assistant,  of  the  said  city  of  Schenectady,  shall  receive 
any  compensation  from  said  city  for  his  or  their  services  as  such  mayor, 
alderman  or  assistant ; nor  shall  either  of  them  be  eligible  to  or  capa- 
ble of  holding  any  office  or  appointment  in  the  gift  or  at  the  disposal  of 
the  corporation  of  said  city,  or  any  way  be  employed  by  them  to  per- 
form any  service  for  which  he  or  they  are  to  receive  or  be  entitled  to 
any  pay  or  compensation  whatever  : Excepting,  always,  for  performing 
the  duties  of  police  officers,  or  when,  by  the  appointment  of  the  said 
corporation,  they  shall  visit  the  alms-house  of  said  city,  or  perform  the 
duties  of  commissioners  of  highways  without  the  bounds  of  the  compact 
part  of  the  said  city,  for  which  services  they  shall  receive  a reasonable 
compensation  : Provided  also , That  nothing  herein  contained  shall  pre- 


S3 


vent  the  mayor  of  said  city  from  receiving  any  fees  allowed  by  any 
laws  of  the  legislature  of  this  state,  for  any  services  performed  by  vir- 
tue of  said  office,  nor  from  receiving  any  compensation  for  any  services 
done  or  performed  by  him  in  his  capacity  of  mayor,  and  which  are  at- 
tached to  said  office  as  part  of  the  duties  thereof. 

AN  ACT  relative  to  the  city  of  Schenectady . 

Passed  April  21,  1828, 

1.  Mayor  re-eligible. — Aldermen  or  assistants  may  be  candidates. 

§ 1.  Any  person  holding  the  office  of  alderman  or  assistant  aider- 
man  of  the  city  of  Schenectady,  shall  be  eligible  and  capable  of  holding 
the  office  of  mayor  of  said  city ; and  any  mayor  of  said  city  shall  be  eli- 
gible to  a re-appointment  or  re-election,  any  thing  contained  in  the  act 
entitled  “An  act  relative  to  the  city  of  Schenectady/’  passed  April 
12th,  1822,  to  the  contrary  notwithstanding. 


Sec.  2 of  Art.  1,  Title  6,  Part  1,  page  116,  R.  S. 

Members  of  the  common  council,  when  ineligible. 

§ 2.  No  person  elected  to  the  common  council  of  any  of  the  cities 
in  this  state,  shall,  during  the  term  for  which  he  shall  have  been  elect- 
ed, be  appointed  to  any  office  of  profit  in  the  gift  of  such  common  coun- 
cil ; but  this  prohibition  shall  not  extend  to  any  officers  whose  appoint- 
ment is,  by  the  constitution,  vested  in  the  common  council  of  any  city. 

AN  ACT  to  incorporate  the  Firemen  of  the  city  of 
Schenectady , and  for  other  purposes. 

Passed  April  21,  1828. 

1.  Corporation  created. — 2.  Representatives. 

3.  Officers. — 4.  By-laws. — 5.  Election. 


Sd 


6.  Funds. — 7.  Privileges.— 8.  Evidence. 

9.  Public  act. — 10.  Ptights  reserved. 

The  People  of  the  State  of  New - York , represented  in  Senate  and  As 
sembly , do  enact  as  follows : 

§ 1.  All  such  persons  as  now  are,  or  hereafter  shall  belong  to  any  of 
the  fire-engines  and  implements  in  the  city  of  Schenectady,  for  the  ex- 
tinguishment of  fires,  shall  be,  and  hereby  are,  ordained,  constituted 
and  declared  to  be,  and  continue;  until  the  first  Tuesday  in  April,  one 
thousand  eight  hundred  and  forty- eight,  a body  politic,  in  fact  and  in 
name,  by  the  name  of  the  u Fire  Department  of  the  city  of  Schenecta- 
dy,” and  that  by  that  name,  they  and  their  successors,  for  the  term 
aforesaid,  shall  and  may  have  succession,  and  shall  be  persons  in  law 
capable  of  sueing  and  being  sued,  pleading  and  being  impleaded,  an- 
swering and  being  answered  unto,  defending  and  being  defended,  in  all 
courts  and  places  whatsoever,  in  all  manner  of  actions,  suits,  complaints, 
matters  and  causes  whatsoever ; and  that  they  and  their  successors  may 
have  a common  seal,  and  may  change  and  alter  the  same  at  their  plea- 
sure ; and  also  that  they  and  their  successors,  by  the  name  of  the  fire 
department  of  the  city  of  Schenectady,  shall  be  in  law  capable  of  pur- 
chasing, holding  and  conveying  any  estate,  real  or  personal,  for  the  use 
of  the  said  corporation  ; but  the  amount  of  the  real  and  personal  estate 
of  the  said  corporation  shall  not,  at  any  time,  exceed  the  sum  of  ten 
thousand  dollars. 

§ 2.  The  firemen  belonging  to  the  said  fire  department  shall,  on  or 
before  the  first  day  of  December  in  every  year,  choose  two  representa- 
tives from  each  company  of  firemen,  who  shall  have  and  exercise  all 
such  powers  as  are  herein  committed  to  them. 

§ Sj  The  said  representatives  shall  choose,  on  the  second  Monday  of 
December  in  every  year,  by  ballot,  out  of  their  own  body,  a president 
and  vice-president,  and  out  of  the  whole  body  of  the  firemen  three  trus- 
tees, a treasurer,  secretary  and  collector ; the  first  representatives  shall 
be,  George  M’Queen,  John  Van  Vorst,  Richard  F.  Ward,  Myndert 
VanGuisling,  Cornelius  L.  Barhyat,  Henry  Peek,  Robert  Osborne,  Pe- 
ter Bradt ; the  first  president,  George  M’Queen ; the  first  vice-presi- 
dent, John  Van  Vorst ; the  first  trustees,  Joseph  Mynderse,  Jacob  De 
Forest,  junior,  and  Harmanus  W.  Peters ; the  first  treasurer,  Henry 
Peek ; the  first  secretary,  Joseph  Mynderse,  and  the  first  collector, 
Richard  F.  Ward,  to  hold  their  respective  offices  and  places  until  oth- 
ers are  appointed  in  their  stead,  agreeably  to  the  provisions  of  this  act. 
The  said  trustees  shall  class  themselves  into  three  classes ; number  one 


40 


shall  go  out  of  office  the  first  year,  number  two  the  second  year,  and 
number  three  the  third  year.  The  said  trustees  shall  manage  the  af- 
fairs and  dispose  of  the  funds  of  the  corporation,  according  to  the  by- 
laws, rules  and  regulations  of  the  said  corporation,  from  time  to  time 
made  and  established  by  the  said  representatives.  The  trustees  shall 
choose  a president,  who  shall  have  a right  to  convene  them  when  he 
thinks  proper, ' at  least  once  a year.  The  treasurer  shall  give  security 
to  the  trustees  for  the  faithful  performance  of  his  trust,  and  shall,  at 
every  annual  meeting  of  representatives,  render  them  an  account  of  the 
state  of  the  funds.  The  representatives  shall,  at  their  meetings,  have 
a right  to  inquire  into  and  control  the  application  of  their  funds,  and  to 
displace  any  of  the  trustees  and  officers,  if  guilty  of  mal-conduct,  and 
elect  others  in  their  stead  ; a majority  of  the  said  representatives,  and 
also  of  the  said  trustees,  shall  respectively  be  a quorum  to  do  business ; 
and  in  case  of  a vacancy  in  the  office  of  representative,  such  vacancy 
shall  be  filled  up  by  the  company  from  which  he  is  deputed  for  the  re- 
mainder of  the  year,  by  a special  election  to  be  held  for  that  purpose  ; 
and  in  case  of  a vacancy  in  the  office  of  president,  vice-president,  trea- 
surer, secretary,  collector,  or  any  of  the  trustees,  such  vacancies  shall 
be  filled  up  by  the  representatives  for  the  remainder  of  the  year,  by  a 
special  election  to  be  held  for  that  purpose. 

§ 4.  Two-thirds  of  a quorum  of  the  said  representatives  shall  have 
full  power  to  make  and  prescribe  such  by-laws,  ordinances  and  regula- 
tions as  to  them,  from  time  to  time,  shall  appear  needful  and  proper, 
touching  the  management  and  disposition  of  their  funds  for  the  purposes 
aforesaid,  and  touching  the  meetings  of  the  corporation,  both  special  and 
ordinary,  except  the  second  Monday  in  December,  in  every  year,  which 
is  hereby  declared  to  be  their  annual  meeting,  and  touching  the  duties 
and  conduct  of  their  officers  and  trustees,  and  touching  all  such  other 
matters  as  appertain  to  the  business,  ends  and  purposes  for  which  the 
said  corporation  is  by  this  act  instituted,  and  for  no  other  purpose  what- 
soever: Provided , That  such  by-laws,  rules,  ordinances  a^d  regula- 
tions be  not  repugnant  to  the  constitution  or  laws  of  the  United  States 
or  of  this  state. 

§ 5.  In  case  any  election  shall  not  be  made  on  any  day  when,  pursu- 
ant to  this  act,  it  ought  to  have  been  made,  the  said  corporation  shall 
not,  on  that  account,  be  deemed  to  be  dissolved ; but  it  shall  and  may 
be  lawful,  on  any  other  day,  to  hold  and  make  such  election,  in  such 
manner  as  shall  have  been  regulated  by  the  by-laws  and  ordinances  of 
the  said  corporation. 


41 


| 6.  The  funds  of  said  corporation,  which  shall  arise  from  such  ob- 
jects as  may  have  been  heretofore,  or  may  be  hereafter  agreed  on  by 
the  respective  fire  companies,  shall  be  appropriated  to  the  relief  of  such 
indigent  or  disabled  firemen  or  their  families  as  may  be  interested  there- 
in, and  who  may,  in  the  opinion  of  a majority  of  the  trustees,  be  wor- 
thy of  assistance ; but  if  they  shall  amount  to  a greater  sum  than  the 
trustees  may  think  necessary  to  apply  to  the  said  purposes,  then  the 
said  representatives  shall  have  power  to  apply  such  surplus  to  the  pur- 
pose of  extinguishing  fires,  under  such  limitations  and  restrictions  as 
they  may,  with  the  sanction  of  the  corporation  of  the  city  of  Schenecta- 
dy, deem  proper. 

§ 7.  Every  person  who  now  is,  or  hereafter  may  become  a fireman  of 
the  city  of  Schenectady,  shall  be  entitled  to  the  same  compensation  as 
is  by  law  granted  to  the  firemen  of  the  city  of  New-York. 

§ 8.  Certificates  of  the  time  that  such  persons  as  aforesaid  have 
served  as  firemen,  signed  by  the  clerk  of  the  common  council  of  the 
said  city,  shall  be  sufficient  evidence  thereof. 

§ 9.  This  act  is  hereby  declared  to  be  a public  act,  and  the  same 
shall  be  so  construed  in  all  courts  and  places,  benignly  and  favorably, 
for  every  beneficial  purpose  thereby  intended. 

§ 10.  The  legislature  shall  have  power  to  repeal,  alter,  amend  or 
modify  this  act. 


AN  ACT  to  authorise  the  issuing  of  executions  by  the 
Justices'  Court  of  the  city  of  Schenectady , and  for 
other  purposes. 

Passed  March  £8,  18£9. 

5.  Grants  certain  exemptions  to  firemen,  and  amends  the  act  of  1828. 

§ 5.  The  seventh  section  of  the  act  entitled  “ An  act  to  incorporate 
the  firemen  of  the  city  of  Schenectady,  and  for  other  purposes,”  passed 
April  £lst,  18£8,  shall  be  so  far  amended,  that  every  person  who  now 
is,  or  hereafter  may  become  a fireman  of  the  city  of  Schenectady,  shall 
be  entitled  to  the  same  exemptions  as  are  by  law  granted  to  the  fire- 
men of  the  city  of  Albany. 


F 


AN  ACT  for  the  preservation  of  Pike  or  Pickerel,  itnd 
other  fish,  in  sundry  ponds  or  other  waters. 

Passed  April  16,  1822. 

Part  of  sec.  8.  Prohibits  the  taking  of  fish  with  net,  seine  or  spear,  in  Mo- 
hawk river,  &c. 

11.  Penalties  for  offences. 

Part  of  § 8.  That  from  and  after  the  first  day  of  May  next,  it  shall 
not  be  lawful  for  any  person  or  persons  to  catch  or  take  any  fish  what- 
ever, with  any  scoop  net  or  with  any  seine  or  spear,  in  any  part  of  the 
Mohawk  river,  within  the  counties  of  Schenectady,  Montgomery,  Her- 
kimer or  Oneida,  or  in  any  part  of  the  West  Canada  creek  or  East 
Canada  creek,  or  Schoharie  creek,  in  said  county  of  Herkimer,  or  coun- 
ty of  Montgomery ; * * * „ 

§ 11.  And  be  it  further  enacted , That  any  person  who  shall  offend 
against  any  of  the  foregoing  provisions  of  this  act,  shall,  for  every  such 
offence,  forfeit  and  pay  the  sum  of  ten  dollars,  to  be  recovered  With 
costs  of  suit,  in  an  action  of  debt,  before  any  court  having  cognizance 
of  the  same,  by  any  person  who  will  prosecute  the  same  to  effect ; one 
equal  half  of  which  forfeiture,  when  recovered,  shall  be  paid  to  the 
overseers  of  the  poor  of  the  town  in  which  such  offence  shall  be  com- 
mitted, for  the  use  of  the  poor  of  such  town,  and  the  other  half  to  the 
person  who  shall  prosecute  for  the  same. 

Sec.  1,  Title  5,  Chap . 13,  Part  1,  R.  S .,  page  418. 
Duty  of  Town  and  City  Clerks. 

§ 1.  The  clerks  of  the  cities  of  New-York,  Albany,  Hudson,  Sche- 
nectady and  Troy,  and  the  town  clerks  of  the  several  towns,  shall 
yearly,  before  the  first  day  of  October  in  each  year,  certify  and  deliver 
to  the  supervisors  of  their  respective  towns,  the  names  of  all  the  asses- 
sors. and  collectors  in  their  respective  cities  and  towns,  and  the  same 
shall  be  delivered  to  the  board  of  supervisors  at  their  next  meeting'. 


43 


Sec.  20,  Title  1,  Chap.  17,  Part  1,  R.  S.f  page  532. 

Place  for  sale  of  Horses , fyc. 

§ £0.  The  common  council  of  each  city  in  this  state  may  designate 
ssnch  place  or  places,  within  such  city,  for  the  sale,  by  auction,  of  hor- 
ses, carriages  and  household  furniture,  as  they  shall  deem  expedient. 

Sec . 56,  Title 4 1,  Chap . 20,  Part  1,  R.  S.y  page  ^ 28. 

Expenses  of  supporting  Town  Poor , how  defrayed  in 
certain  cases. 

§ 56.  The  overseers  of  the  poor  in  the  cities  of  Albany,  Hudson,  Troy 
and  Schenectady,  shall  lay  their  books  before  and  render  their  accounts 
to  the  common  councils  of  the  said  cities  respectively,  from  time  to 
time,  as  shall  be  required.  The  common  councils  of  such  of  the  said 
cities  as  shall  be  liable  for  the  support  of  their  own  poor,  shall  yearly 
determine  the  sum  of  money  to  be  raised  in  such  cities  respectively,  for 
the  support  of  the  poor  for  the  ensuing  year,  a certified  copy  of  which 
shall  be  laid  before  the  board  of  supervisors  of  the  county,  who  shall 
cause  the  same  to  be  assessed,  levied,  collected,  and  paid  to  the  county 
treasurer. 

Title  2,  Chap . 20,  Part  1,  R.  page  632. 

Of  Beggars  and  Vagrants. 

1.  Persons  enumerated  who  are  to  be  deemed  vagrants. 

2.  Constables,  when  required,  to  carry  vagrants  before  magistrates. 

3.  Authority  of  magistrate;  when  to  commit  vagrant  to  poor-house,  when 
to  jail. 

4.  Children  begging  to  be  sent  to  poor-house,  and  may  be  bound  out. 

§ 1.  All  idle  persons  who,  not  having  visible  means  to  maintain  them- 
selves, live  without  employment ; all  persons  wandering  abroad  and 


44 


lodging-  in  taverns,  groceries,  beer-houses,  out-houses,  market  places, 
sheds  or  barns,  or  in  the  open  air,  and  not  giving  a good  account  of 
themselves ; all  persons  wandering  abroad  and  begging,  or  who  go 
about  from  door  to  door,  or  place  themselves  in  the  streets,  highways, 
passages,  or  other  public  places,  to  beg  or  receive  alms,  shall  be  deemed 
vagrants. 

§ 2.  It  shall  be  the  duty  of  every  constable  or  other  peace  officer, 
whenever  required  by  any  person,  to  carry  such  vagrant  before  a jus- 
tice of  the  peace  of  the  same  town,  or  before  the  mayor,  recorder,  or 
ny  one  of  the  aldermen  of  the  city  in  which  such  vagrant  shall  be,  for 
the  purpose  of  examination. 

§ 3.  If  such  justice  or  other  officer  be  satisfied,  by  the  confession  of 
the  offender,  or  by  competent  testimony,  that  such  person  is  a vagrant, 
within  the  description  aforesaid,  he  shall  make  up  and  sign  a record  of 
conviction  thereof,  which  shall  be  filed  in  the  office  of  the  clerk  of  the 
county,  and  shall,  by  warrant  under  his  hand,*»commit  such  vagrant,  if 
he  be  not  a notorious  offender,  and  be  a proper  object  for  such  relief, 
to  the  county  poor-house,  if  there  be  one,  or  to  the  alms-house  or  poor- 
house  of  such  town  or  city,  for  any  time  not  exceeding  six  months, 
there  to  be  kept  at  hard  labor ; or  if  the  offender  be  an  improper  per- 
son to  be  sent  to  the  poor-house,  then  he  shall  be  committed  to  the 
bridewell  or  house  of  correction  of  such  city  or  county,  if  there  be  one, 
and  if  not,  to  the  common  jail,  for  a term  not  exceeding  sixty  days, 
there  to  be  kept,  if  the  justice  think  proper  so  to  direct,  upon  bread  and 
water  only,  for  such  time  as  shall  be  directed,  not  exceeding  one  half 
the  time  for  which  he  shall  be  committed. 

§ 4.  If  any  child  shall  be  found  begging  for  alms,  or  soliciting  charity 
from  door  to  door,  or  in  any  street,  highway,  or  public  place  of  any  city 
or  town,  any  justice  of  the  peace,  on  complaint  and  proof  thereof,  shall 
commit  such  child  to  the  county  poor-house,  if  there  be  one,  or  to  the 
alms-house  or  other  place  provided  for  the  support  of  the  poor,  there  to 
be  detained,  kept,  employed  and  instructed  in  such  useful  labor  as  such 
child  shall  be  able  to  perform,  until  discharged  therefrom  by  the  county 
superintendents  of  the  poor,  or  bound  out  as  an  apprentice  by  them,  or 
by  the  commissioners  of  the  alms-house,  or  the  overseers  of  the  poor. 


-}5 


Jirt.  2,  Title  8,  Chap.  20,  Part  1,  12.  S.,  page  GGO. 

Of  disorderly  practices  on  public  occasions  and  holi- 
days, and  in  taverns , vessels  and  canal  boats. 

3.  Penalty  for  discharging  fire-arms,  &c.  on  certain  days,  without  milita- 
ry order. 

4.  Gaming  tables  at  parades,  town-meetings,  elections,  &c.  prohibited. 

5.  Public  officers  to  destroy  such  tables. 

6.  Gaming,  &c.  in  taverns  and  certain  vessels  and  packets,  prohibited. 

7.  Penalties  on  tavern  keepers,  &c.  and  how  collected. 

§ 3.  No  person  shall  fire  or  discharge  any  gun,  pistol,  rocket,  squib, 
cracker,  or  other  firework,  within  a quarter  of  a mile  of  any  building, 
on  the  twenty -fifth  day  of  December1,  on  the  last  day  of  December,  on 
the  first  day  of  January,  or  on  the  twenty-second  day  of  February  in 
any  year ; nor  on  the  fourth  day  of  July,  or  such  other  day  as  shall  at 
the  time  be  celebrated  as  the  anniversary  of  American  independence, 
without  the  order  of  some  officer  of  the  militia,  while  in  the  course  of 
military  exercises.  Every  person  offending  against  these  provisions, 
shall  forfeit  the  sum  of  five  dollars,  to  be  recovered  by  any  person  who 
will  prosecute  in  the  name  of  the  overseers  of  the  poor,  with  their  con- 
sent and  under  their  direction,  for  the  use  of  the  poor. 

§ 4.  On  the  day  of  any  militia  parade  or  rendezvous,  or  of  any  town- 
meeting, or  of  any  annual  or  special  election,  or  on  the  day  of  the  as- 
sembling of  any  inhabitants  of  this  state  to  celebrate  the  anniversary  of 
American  independence,  no  person  shall  expose  to  the  public,  or  have 
in  his  possession,  within  half  a mile  of  the  place  of  such  parade,  ren- 
dezvous, town-meeting,  election  or  celebration,  any  eo-table,  wheel  of 
fortune,  or  other  gaming  table  or  gaming  machine  or  box.  Every  per- 
son offending  against  this  provision,  shall  forfeit  twenty-five  dollars,  to 
be  recovered  by  and  in  the  name  of  the  overseers  of  the  poor  of  the 
town  where  the  offence  was  committed,  for  the  use  of  the  poor. 

§ 5.  It  shall  be  the  duty  of  all  sheriffs,  and  of  all  other  executive, 
judicial  or  ministerial  officers  concerned  in  the  administration  of  jus- 
tice, to  break,  burn,  or  otherwise  destroy,  every  such  table,  box  and 
machine,  so  exposed  or  possessed,  contrary  to  the  provisions  of  the  last 
foregoing  section. 

§ 6.  There  shall  not  be  allowed  or  suffered  any  cock  fighting,  play- 
ing with  cards  or  dice,  or  any  kind  of  gaming,  by  lot  or  chance,  within 


46 


*my  house  kept  as  a public  inn  or  tavern,  or  in  any  grocery  or  other 
place  where  spirituous  liquors  shall  be  licensed  to  be  sold,  nor  shall 
there  be  any  playing  with  cards  or  dice  for  gain  or  money,  or  any  kind 
of  gaming,  by  lot  or  chance,  on  board  any  vessel  used  for  the  transpor- 
tation of  passengers,  or  on  board  any  packet  or  other  boat  employed  in 
the  conveyance  of  passengers  on  any  canal ; nor  shall  any  billiard  ta- 
ble, or  other  gaming  table,  be  kept  on  board  such  vessel  or  boat,  or  with- 
in such  house  or  place,  or  in  any  out-house,  yard  or  garden,  belonging 
to  such  house  or  place. 

§ 7.  The  master  of  any  vessel  or  boat,  and  the  keeper  of  any  inn, 
tavern,  groceiy,  or  other  place  where  spirituous  liquors  are  licensed  to 
be  sold,  who  shall  offend  against  any  of  the  provisions  of  the  last  sec- 
tion, shall  forfeit  ten  dollars  for  each  offence,  to  be  recovered  by  and  in 
the  name  of  the  overseers  of  the  poor  of  the  town  where  any  such  of- 
fence shall  be  committed  by  the  keeper  of*an  inn,  tavern,  grocery  or 
other  place  before  mentioned,  and  by  and  in  the  name  of  the  overseers 
of  the  poor  of  any  town  where  the  offence  shall  be  committed  by  any 
master  of  a vessel  or  boat. 


Sec.  40,  41,  42,  43,  44,  45,  46  and  48,  Title  8,  Chap . 
20,  Part  1,  page  668. 

40.  Licenses  for  the  sale  of  lottery  tickets,  by  whom  to  be  granted. 

41.  Licenses  to  be  recorded,  their  contents  and  effect. 

42.  Licenses  to  certain  persons  without  bond,  &c. 

43.  Certain  sums  to  be  paid  by  all  other  venders. 

44.  Bonds  to  be  executed  by  venders ; their  penalty  and  conditions. 

45.  Where  to  be  filed.  Fee  for  license. 

46.  Prosecution  of  bonds ; payment  over  of  recoveries. 

48.  Application  of  monies. 

§ 40.  Licenses  may  be  granted  to  any  person  applying  for  the  same, 
to  carry  on  the  business  of  vending  lottery  tickets,  for  the  term  of  one 
year  from  the  date  thereof,  in  the  cities  of  New-York,  Albany,  Hudson, 
Troy  and  Schenectady,  by  the  mayors  of  the  said  cities  respectively, 
and  in  the  several  counties  in  this  state,  except  the  city  and  county  of 
New-York,  by  the  judges  of  the  county  courts  thereof  respectively,  or 
|he  majority  of  them ; but  no  licenses  shall  be  granted  for  the  cities  of 


47 


Albany,  Hudson,  Troy  and  Schenectady,  by  any  other  persons  than  tha 
mayors  of  the  said  cities  respectively. 

§ 41.  The  said  licenses  shall  be  entered  of  record  by  the  clerks  of 
the  counties  wherein  the  same  are  granted,  and  such  record,  or  a tran- 
script thereof,  duly  certified  by  the  clerk  of  the  county,  under  his  offi- 
cial seal,  shall  be  evidence  in  all  courts  and  places  whatsoever.  Such 
licenses  shall  specify  the  house,  store  or  office,  where  the  business  of 
vending  tickets  shall  be  carried  on,  and  shall  not  authorize  the  selling, 
bartering  or  furnishing  of  any  tickets  of  any  lottery  in  any  other  place 
than  that  so  designated,  except  some  other  place  shall  be  substituted  by 
the  officers  having  authority  to  grant  such  license. 

§ 42.  A license  shall  be  granted  by  the  said  mayors  and  judges  re- 
spectively, whenever  applied  for,  to  the  managers  or  persons  who  have 
purchased  the  lotteries  heretofore  authorized  by  this  state,  and  to  the 
duly  authorized  agent  or  agents  of  the  institutions  or  corporations  for 
whose  benefit  the  said  lotteries  were  granted,  who  shall  be  appointed 
such  agent  for  the  purpose  of  managing  any  such  lottery,  and  also  to 
any  persons  who  shall  be  employed  by  the  said  managers  or  purchasers 
aforesaid,  or  by  the  agents  aforesaid,  to  vend  tickets  for  them  and  in 
their  behalf,  upon  such  persons  producing  and  filing  with  the  said  may- 
ors of  cities  respectively,  or  with  the  clerk  of  the  county  in  which  ap- 
plication shall  be  made,  a certificate,  subscribed  by  the  said  managers 
or  purchasers,  or  by  the  agents  so  appointed,  specifying  that  such  ap- 
plicant has  been  employed  by  them  to  vend  tickets  in  their  behalf. 

§ 43.  Before  the  granting  of  such  license  to  any  other  person  than 
the  said  managers,  purchasers,  agents,  or  persons  employed  by  them, 
it  shall  be  the  duty  of  the  person  desiring  a license  to  vend  such  tickets 
in  the  city  of  New-York,  to  pay  to  the  mayor  of  that  city  the  sum  of 
two  himdred  and  fifty  dollars ; and  for  a license  to  vend  such  tickets  in 
the  city  of  Albany,  to  pay  to  the  mayor  of  that  city  the  sum  of  one 
hundred  and  twenty-five  dollars ; and  for  a license  to  vend  such  tickets 
in  the  city  of  Hudson,  to  pay  to  the  mayor  of  that  city  the  sum  of  sev- 
enty-five dollars  ; and  for  a license  to  vend  such  tickets  in  the  city  of 
Troy,  to  pay  to  the  mayor  of  that  city  the  sum  of  one  hundred  dollars  \ 
and  for  a license  in  the  city  of  Schenectady,  to  pay  to  the  mayor  of  that 
city  the  sum  of  fifty  dollars ; and  to  the  treasurers  of  the  counties  where 
application  shall  be  made  to  the  judges  of  the  county  courts,  such  sums' 
as  the  said  judges,  or  a majority  of  them,  shall  require,  not  less  than 
twenty  dollars  nor  more  than  one  hundred  dollars ; and  no  licenses  shall 
be  granted  by  the  judges  of  the  county  courts  until  the  receipt  of  the 


48 


County  treasurer,  for  the  said  sum  so  required  to  be  paid,  shall  be  pro- 
duced and  filed  with  the  clerk  of  the  county. 

§ 44.  No  license  shall  be  granted  to  any  other  persons  than  those  be- 
fore excepted,  until  the  person  applying  for  the  same  shall  enter  into 
a bond  to  the  people  of  this  state,  with  two  sufficient  sureties,  to  be  ap- 
proved by  the  said  mayors  respectively,  in  their  several  cities,  or  by 
the  judges  of  the  county  courts,  in  their  several  counties,  or  a majority 
of  such  judges,  which  approbation  shall  be  endorsed  on  the  said  bond, 
and  which  bond,  when  executed  in  the  city  of  New-York,  shall  be  in 
the  penal  sum  of  five  thousand  dollars,  and  in  any  other  city  or  county, 
in  the  penal  sum  of  two  thousand  dollars,  with  a condition  therein,  that 
the  person  receiving  such  license  shall  not,  during  the  continuance 
thereof,  directly  or  indirectly,  sell,  vend,  ^barter,  furnish,  supply,  pro- 
cure, or  cause  to  be  procured,  furnished  or  supplied,  within  this  state, 
to  any  person,  any  ticket  or  share,  or  interest  in  any  ticket,  of  any  lot- 
tery, or  of  any  other  game  or  device  of  chance,  other  than  such  as  have 
been  authorized  by  the  legislature  of  this  state,  or  any  ticket  or  share, 
or  interest  in  any  ticket,  of  any  private  lottery,  device  or  game  of 
chance  dependent  upon  the  drawing  of  any  lottery  ; and  that  the  per- 
son receiving  such  license  will,  during  the  continuance  thereof,  conform 
himself,  in  all  things,  to  the  laws  of  this  state  relative  to  lotteries  and 
the  sale  of  tickets. 

§ 45.  Such  bond,  on  being  duly  executed,  shall  be  delivered  to  the 
person  or  persons  to  whom  application  for  such  license  shall  be  made 
before  any  such  license  shall  be  granted,  and  shall  be  by  them  filed  in 
the  office  of  the  clerks  of  their  respective  counties  ; and  for  granting 
such  license,  such  mayor  or  judges  shall  be  entitled  to  receive  the  sum 
of  fifty  cents. 

§ 46.  It  shall  be  the  duty  of  the  several  district  attornies  of  this  state, 
whenever  any  condition  of  any  such  bond  has  been  violated,  to  prose- 
cute such  bond  by  action  of  debt,  and  to  assign  the  breaches  of  such 
condition  ; and  on  any  breach  of  such  condition  being  found  by  verdict, 
or  confessed,  it  shall  be  the  duty  of  the  court  wherein  such  suit  is  pro- 
secuted, to  render  judgment  for  the  penalty  of  such  bond,  with  the  costs  of  ^ 
suit,  and  to  cause  execution  thereon  to  be  duly  had.  The  amount  col- 
lected on  such  judgment,  upon  any  bond  executed  in  the  city  of  New- 
York,  over  and  above  the  costs,  shall  be  paid  to  the  mayor  of  the  said 
city,  and  upon  any  bonds  executed  in  any  other  county,  to  the  county 
treasurer  thereof. 


49 


§ 48.  The  monies  received,  as  aforesaid,  by  the  mayors  of  other  cities 
of  this  state,  shall  be  by  them  paid  over,  as  received,  to  the  treasurers 
of  their  respective  counties,  and  the  monies  so  received  by  the  said 
treasurers,  as  well  as  the  monies  received  by  them  on  granting  licenses, 
and  from  recoveries  on  bonds,  shall  be  preserved  as  a fund  for  the  sup- 
port of  the  poor  of  the  counties  respectively  in  which  the  same  shall  be 
received,  subject  to  the  disposition  of  the  board  of  supervisors  of  each 
county.  ****** 


Of  the  embezzlement  of  Timber  floating . 

Sec.  1 — 9,  Title  15,  Chap.  20,  Part  1,  R.  £.,  page  693. 

1.  Owners  of  logs,  &c.  drifted  on  shore,  &c.  may  take  them  on  paying 
damages. 

2 and  3.  In  case  of  dispute,  damages  to  be  determined  by  fence-viewers ; 
their  powers. 

4.  If  drifted  lumber  not  removed  within  three  months,  notice  to  be  given 
to  town  clerk. 

5.  To  be  filed,  and  exhibited  to  all  persons  requiring  to  see  it. 

6.  Lumber  to  be  detained  until  damages  paid ; how  to  be  ascertained. 

7.  If  not  claimed  within  six  months,  notice  to  town  clerk,  who  shall  sell  it. 

8.  Fees  of  clerk  on  sale ; application  of  proceeds. 

9.  Damages  to  be  assessed  before  payment  by  clerk. 

§ 1.  Whenever  any  logs,  timber,  boards  or  plank  in  rafts,  or  other- 
wise,  shall  have  been  drifted  upon  any  island,  in  any  of  the  waters  with- 
in this  state,  or  upon  the  bank  or  shore  of  any  such  waters,  the  owner 
of  such  logs  or  other  lumber  may  take  the  same  away,  on  his  first  pay- 
ing or  tendering  to  the  owner  or  possessor  of  the  land  on  which  the 
same  shall  have  been  drifted,  the  amount  of  the  damages  which  such 
owner  or  possessor  shall  have  sustained  by  reason  thereof,  and  which 
may  accrue  in  the  removal  of  such  logs  or  other  lumber.* 

§ 2.  If  the  parties  cannot  agree  as  to  the  amount  of  such  damages, 
either  party  may  apply  to  any  two  of  the  fence-viewers  of  the 
town  or  city  in  which  such  lumber  may  be  found,  whose  duty  it  shall 

*2  R.  L,,  p.  236,  § 3.— Laws  of  1825,  p.  280,  § 2. 

G 


50 


be,  after  hearing  the  proofs  and  allegations  of  the  parties,  to  determine 
the  same,  at  the  expense  of  the  owner  of  the  lumber,  and  their  decision 
shall  be  conclusive. 

§ 3.  The  fence-viewers,  or  either  of  them,  shall  have  power  to  issue 
process  for  such  witnesses  as  may  be  desired  by  either  party,  and  to  ad- 
minister oaths  to  all  witnesses  produced  before  them. 

§ 4.  If  the  owner  of  such  lumber  shall  not,  within  three  months  from 
and  after  the  time  when  such  lumber  shall  have  been  so  drifted,  take 
the  same  away,  it  shall  be  the  duty  of  the  owner  or  possessor  of  the 
land  on  which  the  same  may  have  been  drifted,  to  deliver  to  the  clerk 
of  such  city  or  town  a note  in  writing,  signed  by  him,  describing  as  near 
as  may  be,  such  lumber,  together  with  the  quantity  and  mark  or  marks 
thereof,  and  the  place  where  the  same  is  lodged.* 

§ 5.  It  shall  be  the  duty  of  the  clerk  to  whom  any  such  note  in  wri- 
ting shall  be  delivered,  to  file  the  same  in  his  office,  and  to  produce  the 
same  for  the  inspection  of  any  person  who  shall  request  it. 

§ 6.  The  person  delivering  such  note  in  writing,  may  detain  the  lum- 
ber described  therein,  until  the  owner  thereof  shall  appear  and  pay  the 
damages,  if  any,  which  such  person  shall  be  entitled  to  demand,  which 
damages  shall  be  settled,  in  case  of  disagreement  between  the  parties, 
by  the  fence- viewers,  in  the  same  manner  as  above  provided. 

§ 7.  If  no  person  shall,  within  six  months  after  the  filing  of  such  note 
in  writing,  claim  the  lumber  described  therein,  it  shall  be  the  duty  of 
the  owner  or  possessor  of  the  land  whereon  the  same  shall  have  been 
drifted,  to  give  notice  thereof,  in  writing,  to  the  clerk  of  the  city  or 
town,  who  shall  cause  such  lumber  to  be  sold  by  public  auction,  after 
giving  at  least  twenty  days7  previous  notice  of  such  sale  by  advertise- 
ment, to  be  posted  up  in  at  least  three  of  the  most  public  places  in  such 
city  or  town. 

§ 8.  The  clerk  making  the  sale  shall  be  entitled  to  the  same  fees 
therefor  as  are  allowed  to  officers  making  sales  on  executions  issued 
out  of  justices’  courts.  The  monies  arising  from  the  sale  shall  be  ap- 
plied, 

1.  To  the  payment  of  such  fees ; and, 

2.  To  the  payment  of  the  damages  which  the  owner  or  possessor  of 
the  land  shall  have  sustained,  by  reason  of  such  lumber,  and  which  may 
accrue  in  the  removal  thereof ; 

3.  The  surplus,  if  any,  shall  be  paid  bv  the  clerk  of  the  city  or  town 

+ 2R,  L.,  p.  236,  § 4,  5,  6 and"  7. 


Jeo  the  treasurer  of  the  county  wherein  such  lumber  shall  have  been 
found,  for  the  use  of  the  poor.* 

§ 9.  Before  the  clerk  shall  pay  out  any  of  said  monies,  for  the  dama- 
ges of  the  owner  or  possessor  of  the  land,  such  damages  shall  be  as- 
sessed by  any  two  fence-viewers  of  the  city  or  town,  and  a specification 
thereof,  signed  by  such  fence-viewers,  shall  be  filed  in  the  office  of  such 
clerk. 


Of  the  general  Census. 

Sec.  1,  4,  Chap.  3,  Part  1,  R.  S.  page  88. 

1 . Census,  when  to  be  taken. 

4.  Marshals  in  each  town  and  ward. 

§ 1,  An  enumeration  of  the  inhabitants  of  this  state  is  to  be  taken  at 
the  end  of  every  tenth  year,  after  the  year  one  thousand  eight  hundred 
and  twenty-five. 

§ 4.  The  common  council  in  each  of  the  cities,  and  the  supervisors; 
town  clerks  and  assessors  in  each  of  the  towns  in  this  state,  shall  re- 
spectively convene,  at  some  convenient  place  in  each  of  such  cities  and 
towns,  on  or  before  the  first  Monday  in  July,  in  every  such  tenth  year, 
and  shall  appoint  one  person,  to  be  called  a marshal,  in  each  town  and 
ward,  to  enumerate  the  inhabitants  therein,  and  to  perform  the  other 
duties  prescribed  by  this  chapter. 


Sec.  2,  3,  Chap.  o,  Part  1,  R.  S.,page  100-1. 

Commissioners  of  Deeds  and  Notaries  in  certain  cities , 
how  limited. 

§ 2.  The  common  council  of  each  of  the  cities  in  this  state,  except 
the  city  of  New-York,  on  or  before  the  first  day  of  January,  in  the  year 
one  thousand  eight  hundred  and  thirty,  and  once  at  the  end  of  every 
two  years  thereafter,  shall,  by  resolution  of  the  board,  determine  and 


* 2 R.  L.,  p 236,  § 4,  5,  6 and  7. 


52 


limit  the  number  of  commissioners  of  deeds  and  notaries  public  to  be 
next  appointed  in  and  for  their  respective  cities. 

§ 3.  A copy  of  each  determination,  to  be  made  by  the  common  coun- 
cil of  any  city,  under  the  corporate  seal,  and  attested  by  the  mayor  of 
the  city,  shall  be  transmitted  to  the  governor,  within  twenty  days  after 
the  same  shall  have  been  made. 


Sec.  14,  15,  16,  Title  2,  Chap.  6,  Part  1,  R.  S.y  p.  129. 

14.  Inspectors  of  elections  to  be  chosen  by  common  council. 

15.  Persons  so  chosen  to  be  inspectors  of  all  special  elections  held  within 
the  year. 

16.  Two  of  them  may  act.  Vacancies,  how  to  be  supplied. 

§ 14.  The  common  councils  of  the  cities  of  New-York,  Albany,  Troy 
and  Schenectady,  at  their  usual  place  of  meeting  in  each  of  said  cities, 
and  the  trustees  of  the  village  of  Brooklyn,  at  their  usual  place  of  meet- 
ing in  said  village,  shall,  on  or  before  the  second  Monday  of  October  in 
every  year,  by  plurality  of  voices,  choose  from  among  the  electors  actu- 
ally resident  in  each  ward  of  the  said  cities,  and  in  each  district  of  said 
village  of  Brooklyn,  three  persons  for  inspectors  of  the  general  election 
then  next  to  be  holden  in  such  ward  or  district.* 

§ 15.  The  persons  so  chosen  shall  also  be  inspectors  of  all  special 
elections  which  may  be  held  in  their  respective  cities  or  village  during 
the  ensuing  year.f 

§ 16.  Any  two  of  such  inspectors  may  act ; and  in  case  of  the  death 
or  inability  of  either  of  them  to  act,  the  common  council  or  trustees 
may  thereafter  appoint  another  in  his  place. 

* Laws  of  1822,  p,  267,  § 2.  t lb.  § 18. 


58 


TITLES  OF  ACTS, 

THfi  WllOLE,  OR  PART  OF  WHICH,  RELATE  TO  THE 

CITY  OF  SCHENECTADY. 

1.  An  act  to  incorporate  that  part  of  the  town  of  Schenectady  there- 
in mentioned,  passed  March  26,  1798. — Laws  of  2,1st  session , chap.  50, 
page  359. 

Original  act  of  incorporation. 

2.  An  act  to  amend  the  act  entitled  “An  act  to  incorporate  that 

part  of  the  town  of  Schenectady  therein  mentioned,”  passed  March  1, 
1799. — Laws  of  22 d ch.  22,  p.  604. 

Confers  additional  powers  on  common  council,  relative  to  firemen, 
city  watch,  commissioners  of  excise,  &c. 

3.  An  act  granting  certain  powers  to  the  mayor,  aldermen  and  com- 
monalty of  the  city  of  Schenectady,  and  for  other  purposes  therein  men- 
tioned, passed  28th  March,  1800. — Laws  of  23 d sess.,  ch.  71,  p.  136. 

Empowers  corporation  to  make  certain  by-laws ; and  inhabitants  of 
Sd  and  4th  wards  to  make  regulations  for  their  respective  wards. 
Seventh  section  of  an  act  respecting  public  lands  repealed. 

4.  An  act  relative  to  the  city  of  Schenectady,  passed  4th  April,  1801. 
2 Kent  and  Radcliff}  p.  175. 

Contains  the  substance  of  the  three  preceding  acts,  with  modifica- 
tions. 

5.  An  act  for  improving  the  streets  in  the  first  and  second  wards  of 
the  city  of  Schenectady,  and  for  other  purposes  therein  mentioned, 
passed  March  30,  1802. — Laws  25th  sess.,  ch.  79.  3 Webster , p.  18. 

Confers  powers  on  common  council  relative  to  the  improvement  of 
streets,  and  on  inhabitants  of  Sd  and  4th  wards  as  to  highways. 
Provides  for  continuance  of  mayor’s  power  in  granting  licenses. 

6.  An  act  to  incorporate  the  stockholders  of  the  Schenectady  Water 
Works  Company,  passed  April  7,  1804. — Laws  of  27 th  sess.,  ch.  72.  S 
Webster , p.  $90. 


54 


Original  act  of  incorporation.  City  corporation  authorized  to  sub- 
scribe for  500  shares  of  stock,  and  to  appoint  two  trustees. 
Union  College  to  subscribe  for  50  shares. 

7.  An  act  to  straighten  the  road  leading  from  the  city  of  Schenec- 
tady to  Utica,  on  the  south  side  of  the  Mohawk  river,  and  for  other 
purposes,  passed  £d  April,  1806 — Laws  of  £9 th  sess ch.  114.  4 Web. 
p.  488. 

Prescribes  mode  of  laying  out  road,  recording  and  keeping  same  in 
repair,  and  of  ascertaining  and  compensating  damages  to  own- 
ers of  lands. 

8.  An  act  to  amend  an  act  entitled  “ An  act  relative  to  the  city  of 
Schenectady  and  for  other  purposes,”  passed  4th  April,  1806. — Laws 
of  £9 th  sess.,  ch.  1£9.  4 Web .,  p.  5£9. 

Confers  powers  on  common  council  in  relation  to  elections,  highways, 
and  public  lands  lying  on  turnpike. 

9.  An  act  relative  to  the  city  of  Schenectady,  passed  3d  April,  1807. 
Laws  of  30th  sess.,  ch.  93,  5 Web.  p.  106., 

Inhabitants  of  city  made  competent  witnesses  in  suits,  &c.  in  which 
the  common  council  is  a party. 

10.  An  act  concerning  the  president  and  directors  of  the  Mohawk 
Bridge  Company,  passed  March  30,  1809. — Laws  of  3 Qdsess.,  ch.  189, 
sec.  £.  Private  laws  of  1809,  p.  188. 

Alters  previous  rates  of  toll ; authorizes  mitigation  of  same  to  inhab- 
itants of  city ; prescribes  certain  penalties,  and  declares  certain 
persons  exempt  from  toll. 

11.  An  act  erecting  part  of  the  county  of  Albany  into  a separate 
county,  by  the  name  of  the  county  of  Schenectady,  passed  March  7, 
1809. — Laws  of  3 Zd  sess.,  ch.  65.  5 Web.,  458. 

Schenectady  county  erected  from  Albany  county  ; to  what  districts 
annexed;  Schenectady  city,  the  town  of  Duanesburgh  and 
Princetown  to  retain  their  names ; courts,  terms  of,  and  where 
to  be  held  ; court-house  and  jail,  expense  of  preparing,  &c.  to 
be  paid  by  city  of  Schenectady ; deeds,  &c.  to  be  recorded  in 
the  clerk’s  office  of  Albany  until  a certain  period ; same  as  to 
returns  of  elections ; number  of  members  of  Assembly  ; prison- 
ers, where  to  be  confined  ; privileges  of  inhabitants ; taxes  here< 
tofore  assessed,  how  to  be  collected. 

1£.  An  act  to  amend  the  several  acts  relative  to  the  city  of  Schenec- 
tady, passed  April  9,  1811. — Laws  of  34 th  sess.,  ch.  ££5,  6 Web.,  31£, 


Authorises  election  of  one  supervisor  by  first  and  second  wards'  re- 
spectively ; contains  provisions  as  to  constables’  bonds  ; confers 
certain  police  powers  on  common  council ; provides  for  appoint- 
ment of  mayor  pro  tempore,  and  raising  of  money  for  support  of 
a night-watch. 

13.  An  act  authorizing  the  mayor,  aldermen  and  commonalty  of  the 
city  of  Schenectady  to  sell  certain  lands  therein  mentioned,  passed 
November  10,  1812. — Laws  of  36 th  sess.,  ch.  6,  3 Web.  fy  Skinners , p.  5. 

Authorises  sale  of  3,200  aeres  of  detached  and  irregular  pieces  of  the 
common  lands. 

14.  An  act  relating  to  the  city  of  Schenectady,  passed  April  2,  1813. 
2 R&v.  Laws , 1813,  p.  478. 

Embodies  substance  of  previous  acts  relating  to  city,  &c.  with  addi- 
tional and  new  provisions. 

15.  An  act  authorising  the  mayor,  aldermen  and  commonalty  of  the 
city  of  Schenectady  to  dispose  of  part  of  their  common  wood  lands, 
passed  March  6,  1818. — Laws  of  41  st  sess .,  ch.  34,  p.  29. 

Not  more  than  4,475  acres  ; to  be  sold  only  at  public  auction,  upon 
six  weeks  notice  \ former  conveyances  confirmed. 

16.  An  act  authorising  and  directing  the  justices  of  the  supreme  court 
to  appoint  a circuit  court  and  court  of  oyer  and  terminer,  to  be  held  in 
and  for  the  county  of  Chautauque,  and  for  other  purposes,  passed  April 
21,  1818. — Sec.-  2,  Laws  of  41  st  sess.,  ch.  255,  p.  272. 

§ 2.  Constitutes  mayor  of  Schenectady  ex  officio  judge  of  oyer  and 
terminer,  common  pleas  and  sessions. 

17.  An  act  forthe  support  of  common  schools,  passed  April  12,  1819. 
Sec.  35,  Lavjs  of  42 d sess.,  ch.  161,  p.  207. 

Wards  of  Schenectady  deemed  towns,  for  purposes  of  this  act. 

18.  An  act  to  erect  certain  parts  of  the  city  of  Schenectady  into  sepa- 
rate towns,  and  for  other  purposes,  passed  April  14,  1820. — Laws  of 
4 3d  sess.,  ch.  233,  p.  225* 

Erects  towns  of  Rotterdam  and  Glenville,  and  provides  for  division  of 
property  before  held  in  common,  apportionment  of  responsibili- 
ties, &c.  &c. 

19.  An  act  to  amend  the  act  entitled  “ An  act  for  the  support  of  com- 
mon schools,  passed  April  12,  1819,”  passed  April  lY,  1822.-— Sec.  3, 
Laws  of  45$  sess.,  ch.  256,  p.  287. 

§ 3.  Requires  corporation  bf  Lancaster  School  to  make  annual  re- 
port, such  as  required  by  36th  section  of  act  of  April  12,  1819. 


20.  An  act  to  amend  an  act  entitled  u An  act  relative  to  the  city  of 
Schenectady,”  passed  Feb.  14th,  1823. — Laws  of  46 thsess.,  ch.  36,  p.  29. 

Authorises  tax  by  common  council  for  purposes  mentioned  in  the  act 
hereby  amended  ; limiting  amount ; confers  powers  in  relation 
to  opening  streets  and  taking  lands  for  same  ; constitutes  gover- 
nor and  lieutenant-governor  of  New- York,  for  the  time  being, 
ex  officio,  trustees  of  Union  College. 

21.  An  act  for  establishing  a justices’  court  in  the  city  of  Schenecta- 
dy, and  for  other  purposes,  passed  April  23,  1823.— Laws  of  46 th  sess., 
ch.  247,  p.  370. 

Court  established,  and  its  powers  defined. 

22.  An  act  to  amend  an  act  entitled  “Am  act  for  the  establishing  a jus- 
tices’ court  in  the  city  of  Schenectady,  and  for  other  purposes,  passed 
April  23,  1823,”  passed  January  19,  1825. — Laws  of  48 th  sess.,  ch.  1, 

p.  3. 

Confers  powers  on  clerk ; provides  for  absence  of  clerk  or  of  any  two 
of  justices. 

23.  An  act  for  the  relief  of  the  trustees  of  the  Schenectady  water- 
works, passed  March  24,  1826.— Laws  of  49th  sess.,  ch.  85,  p.  67. 

Certain  provisions  of  an  act  of  April'20,  1825,  relative  to  taxes,  ex- 
tended to  company ; suits,  where  brought. 

24.  An  act  to  authorise  the  establishment  of  a county  poor-house  in 
the  county  of  Schenectady,  and  for  other  purposes,  passed  April  11, 

1826. — Laws  of  49 th  sess.,  ch.  147,  p.  135. 

Duty  of  supervisors;  sale  of  alms-house;  superintendents  of  poor- 
house,  how  appointed,  their  duty,  regulations ; indigent  per- 
sons to  be  sent  to  poor-house  ; each  town,  and  the  city,  to  pay 
expense  of  its  own  poor ; expenses  of  county  poor,  how  paid. 

25.  An  act  relative  to  the  city  of  Schenectady,  passed  April  14,  1827. 
Laws  of  50 th  sess.,  ch.  254,  p.  263. 

Empowers  common  council  to  regulate  sale  of  wood. 

26.  An  act  in  relation  to  the  assessment  and  collection  of  certain  tax- 
es in  the  city  of  Schenectady,  and  for  other  purposes,  passed  April  14, 

1827 . —Laws  of  50 th  sess.,  ch.  257,  p.  268. 

Exempts  citizens  from  operation  of  certain  acts,  as  far  as  they  relate 
to  road  work,  &c.  and  authorises  and  requires  common  council 
to  repair  and  keep  in  order  highways,  fac. 

27.  An  act  relative  to  certain  school  districts  in  the  city  of  Schenec- 
tady, passed  April  6*  1827. — Laws  of  both  sess.,  ch.  162,  p.  156. 


57 


Taxes  in  the  city  without  the  police,  how  to  be  apportioned  and  paid  ; 
school  districts  ; school  laws,  how  applicable. 

28.  An  act  to  abolish  the  justices’  court  of  the  city  of  Schenectady, 
and  for  other  purposes,  passed  April  14,  1828. — Laws  of  51  si  sess.,  ch. 
200,  p.  245. 

Repeals  act  of  April  23,  1823,  from  and  after  June  1,  1829  ; powers 
of  justices. 

29.  An  act  for  building  a fire-proof  clerk’s  office  in  the  county  of 
Schenectady,  passed  April  14,  1827. — Laws  of  50 Chsess.,  ch.  283,  p.  310. 

Authorises  purchase  of  lot,  fee. ; assessment  and  collection  of  tax  for 
defraying  expense ; requires  removal  of  county  papers,  fee.  to 
same,  on  its  completion. 

30.  An  act  authorising  the  supervisors  of  the  county  of  Schenectady 
l o sell  the  present  court-house  and  jail  and  fire-proof  clerk’s  office,  and 
for  other  purposes,  passed  April  25,  1831. — Laws  of  5 tth  sess .,  ch.  273, 

; p . 342. 

Directs  appropriation  of  proceeds  of  sale ; courts  to  be  held  in  city- 
hall  ; jail  and  clerk’s  office  to  be  kept  in  its  apartments  ; revives 
charter  of  Schenectady  Academy,  and  authorises  establishment 
and  regulation  by  trustees  of  “An  Institute  of  science  and  In- 
dustry relation  of  same  to  Union  College. 

31.  An  act  to  incorporate  the  Jack  Spring  Water  Works  Company, 
passed  April  26,  1832. — Laws  of  55 ih  sess.  ch.  328,  p.  567. 

Confers  power  to  lay  conduits  for  supply  of  city  with  water  from  the 
Clove  stream,  Jack  spring  and  Sweet  hill  creek  ; subjects  com- 
pany to  operation  of  provisions  in  titles  3 and  4,  chap.  18,  part  1, 
Revised  Statutes. 

II 


4 


58 


CONTENTS. -—STATE  LAWS. 

An  act  relative  to  the  city  of  Schenectady,  - page  5 

An  act  to  incorporate  the  Mohawk  Turnpike  and  Bridge  Comp.  25 
An  act  to  amend  same,  - - 25 

An  act  relating  to  the  Mohawk  Bridge  Company,  - 26 

An  act  for  establishing  Troy  Turnpike,  - - 28 

Acts  relating  to  Union  College,  - 28-9 

An  act  relative  to  billiard  tables,  - 30 

An  act  relative  to  trespasses  on  common  lands,  - - 30 

An  act  relative  to  running  at  large  of  dogs,  - - 31 

An  act  to  incorporate  the  Schenectady  Lancaster  School  Society,  81 
An  act  to  provide  for  apportionment  of  school  money,  34 

Local  regulations  respecting  common  schools,  - 36 

An  act  authorising  mayor  to  perform  certain  duties  of  judge,  37 

An  act  relative  to  pay  of  mayor,  k,c,  - - 37 

An  act  relative  to  election  of  mayor,  - - 38 

Appointment  of  members  of  common  council  to  certain  offices,  38 

An  act  to  incorporate  firemen,  - 38 

An  act  granting  certain  exemptions  to  firemen,  - - 41 

An  act  for  the  preservation  of  fish  in  certain  waters,  42 

An  act  relative  to  town  and  city  clerks,  - - 42 

An  act  relative  to  place  of  sale  for  horses,  Uc,  - >43 

Expenses  of  town  poor,  - -43 

Of  beggars  and  vagrants,  43 

Of  disorderly  practices  on  public  occasions  and  hohdays,  - 4fr 
Of  the  sale  of  lottery  tickets,  - 46 

Titles  of  sundry  acts  of  state  legislature,  relative  to  city.  53-7 


59 


LAWS  AND  ORDINANCES 

™i  tponpR  mmmiL 

OF  THE  CITY  OF  SCHENECTADY 


Published  by  order  of  the  Common  Council. 

A LAW  relative  to  the  measuring  and  sale  of  Char- 
coal 

Passed  June  18,  1833. 

1.  Charcoal  to  be  sold  by  measurement ; measures,  how  much  to  contain, 
&c. ; to  be  sealed  and  marked ; fees  of  measurer. 

2.  Penalty  for  selling  charcoal  without  marked  and  sealed  measures  — Pro- 
viso. 

The  Mayor,  Recorder  and  Aldermen,  of  the  city  of  Schenectady,  in 
Common  Council  convened , do  ordain  as  folloivs : 

§ 1.  That  from  and  after  the  15th  day  of  July  next,  no  person  shall 
sell  any  charcoal  within  the  bounds  of  the  city  of  Schenectady,  unless 
the  same  is  sold  by  measurement  in  wooden  tubs  or  measures,  made  in 
a strong  and  substantial  manner,  to  contain  the  quantity  of  one  bushel, 
or  two  bushels  of  charcoal,  aud  which  tub  or  measure  shall  be  examined, 
and  conspicuously  marked  and  sealed,  by  the  examiner  of  measures  in 
this  city,  or  by  some  sealer  in  the  city  of  Albany,  with  the  mark  of 
“ Charcoal  one  bushel,”  or  “ Charcoal  two  bushels,”  as  the  case  may 
be,  together  with  the  name  of  the  sealer.  And  the  examiner  of  weights 
and  measures  in  this  city  is  hereby  directed  not  to  mark  any  such  char- 
coal measure,  unless  the  same  shall  be  made  to  contain  one  or  two 
bushels  of  charcoal,  heaped  measure ; and  he  shall  be  entitled  to  the 
fee  of  twenty-five  cents  for  examining  and  marking  a one  bushel  mea- 
sure, and  thirty-seven  and  a half  cents  for  examining  and  marking  a two 
bushel  measure,  of  the  description  aforesaid,  and  half  that  sum  for  ex- 
amining any  measure  only,  together  with  a reasonable  compensation 


oO 


for  making  such  measure  conform  to  the  proper  standard,  if  required  to 
do  so  by  the  person  producing  the  same  to  him,  and  may  retain  such 
measure  until  his  saidi  fee  or  compensation,  or  both,  is  or  are  paid. 

§ 2.  Any  person  who  shall  sell  any  charcoal  in  this  city,  without 
measuring  the  same  in  such  tub  or  measure,  sealed  and  marked  as  afore- 
said, shall,  for  each  offence,  forfeit  and  pay  the  sum  of  two  dollars  : 
Provided,  however,  that  this  law  shall  not  extend  to  prevent  the  sale  of 
charcoal  in  a less  quantity  than  one  bushel,  nor  any  contract  for  the 
sale  of  coal  in  bulk  or  load,  and  not  by  measure. 


A LAW  for  cleaning  the  streets , to  prevent  and  remove 
nuisances , and  for  other  purposes. 

Passed  June  20,  1833. 

1.  Owner  or  occupant  to  clean  street. 

2.  Duty  of  high  constable. 

3.  Mayor,  recorder  or  aldermen,  may  direct  removal  of  dirt  or  filth,  and 
employ  persons  for  the  purpose. 

4.  Mayor,  &c.  may  order  removal  of  filth,  &c.;  penalty  for  neglect  to  re- 
move same. 

5.  No  person  to  throw  or  deposit  any  manure,  filth  &c.  in  any  street  or 

lane. 

6.  Manure,  sand,  &c.  how  to  be  transported. 

^ 7.  Snow  to  be  removed,  &c. 

8.  Persons  coming  to  market  with  wood,  &c.  how  to  arrange  themselves 

9.  Conductors  of  water  from  eaves  of  buildings,  how  to  be  constructed. 

10.  Exposure  of  dead  carcases  and  emptying  of  beds  within  police  district 
prohibited. 

11.  Building  materials  not  to  be  placed  in  streets,  without  permission  of 
mayor,  recorder  or  alderman  of  the  ward ; not  to  occupy  more  than  half  the 
breadth  of  the  street. 

12.  Building  timber,  &c.  to  be  compactly  placed ; high  constable  to  report 
violations  of  last  two  sections. 

13.  Saw  horses  not  to  be  set  up  or  used  in  streets. 

14.  Wanton  injury,  or  defacing  of  bridges,  buildings,  &c.  forbidden.— 
Penalty. 

15.  No  carriage  or  sled  to  be  left  in  streets;  privilege  to  wheelwrights  and 
blacksmiths. 


01 


I'C.  No  horse  or  carriage  to  be  driven  on  side  walks  of  public  streets  or 
bridges. 

17.  No  horse  or  hand  carriage  to  be  brought  on  side-walk,  except  by  per- 
mission; no  fuel,  boxes,  &c.  to  be  placed  on  side- walk  without  permission. 

18.  Projection  of  porches,  &c.  regulated. 

19.  Height  of  awnings,  &c.  .prescribed. 

20.  No  coal  or  tar  pit  to  be  burned  within  police  district. 

21.  Bathing  in  canal  or  river,  &c.  within  certain  limits,  prohibited. 

22.  Trimming  of  ornamental  trees,  in  streets,  regulated ; fallen  trees  or 
branches  to  be  removed. 

23.  Duty  of  builders,  contractors,  &c.  as  to  cleaning  streets. 

24.  Infants  and  servants,  how  to  be  proceeded  against  for  violations  of  this 

law. 

Be  it  ordained , by  the  Mayor,  Recorder  and  Aldermen  of  the  cil y of 
Schenectady,  in  Common  Council  convened : 

§ 1 . That  every  owner  or  occupant  of  any  house  or  lot,  on  any  of 
the  streets  or  lanes  of  this  city,  now  paved,  or  ordered  to  be  paved,  or 
which  shall  hereafter  be  paved,  (excepting  lots  on  which  buildings  are 
erecting,  and  on  which  materials  for  building  are  laid, ) shall  cause  the 
street  or  lane  on  which  any  such  house  or  lot  may  front,  to  the  middle 
thereof,  to  be  cleaned,  and  the  dirt  to  be  collected  and  removed,  by  the 
first  Saturday  of  May  in  each  and  every  year,  and  once  in  each  fort- 
night thereafter,  between  the  said  first  Saturday  and  the  first  day  of 
November  in  each  year,  including  the  present  one,  under  the  penalty  of 
one  dollar  for  every  omission. 

§ 2.  And  be  it  further  ordained,  That  on  every  succeeding  Monday  it 
shall  be  the  duty  of  the  high  constable  to  make  an  immediate  return  of 
the  names  of  every  owner  or  occupant  of  any  house  or  lot,  who  shall 
neglect  to  clean  such  street  or  lane  and  to  collect  and  remove  the  dirt 
on  the  day  directed  by  this  law  to  be  done,  to  the  treasurer,  whose  du- 
ty it  shall  be,  immediately  to  prosecute  such  owner  or  occupant  for  the 
amount  of  the  penalty  aforesaid. 

§ 3.  And  be  it  further  ordained , That  if  any  filth  or  dirt  shall  be  in 
any  of  the  streets  or  lanes  aforesaid,  the  mayor,  recorder  or  any  of  the 
aldermen,  may,  in  their  discretion,  direct  such  filth  or  dirt  to  be  re- 
moved by  the  owner  or  occupant  of  such  house  or  lot  adjoining  where- 
to such  filth  or  dirt  may  lie,  and  if  such  owner  or  occupant  shall  neglect 
to  remove  the  same  within  such  reasonable  time  as  the  mayor,  recorder 
or  any  of  the  aldermen  shall  for  that  purpose  limit  or  appoint,  the  per- 
son so  neglecting  shall,  for  every  such  neglect,  forfeit  a sum  equal  to 
twice  the  expense  incurred  in  removing  the  same ; and  it  shall  be  law- 


62 


ful  for  the  mayor,  recorder  or  any  of  the  aldermen,  to  employ  one  or 
more  person  or  persons  to  remove  such  filth  or  dirt,  who  shall  be  paid 
by  the  treasurer  such  reasonable  compensation  as  the  mayor,  recorder, 
or  any  of  the  said  aldermen,  in  writing,  shall  direct,  out  of  any  monies 
in  his  hands  belonging  to  the  corporation : Provided , however,  that  the 
amount  of  expense  to  be  incurred  for  removing  the  same  shall  not,  in 
any  one  instance,  exceed  the  sum  of  five  dollars. 

§ 4.  And  be  it  further  ordained , That  it  shall  be  lawful  for  the  may- 
or, recorder,  or  any  two  or  more  of  the  aldermen,  whenever  any  filth, 
dirt,  or  any  nauseous  substance,  shall  be  found  in  any  house  or  lot  with- 
in the  jurisdiction  of  this  common  council,  which,  in  his  or  their  opinion, 
may  endanger  the  health  of  the  citizens  residing  in  or  near  such  house 
and  lot,  to  order  and  direct,  in  writing,  the  owner  or  occupant  to  re- 
move such  filth  or  dirt,  or  nauseous  substance,  within  such  time  and  to 
such  place,  as  the  mayor,  recorder,  or  any  two  or  more  of  the  aider- 
men  shall,  in  writing,  limit  and  appoint,  and  such  owner  or  occupant 
neglecting  to  obey  such  order  shall,  for  every  such  neglect,  forfeit  the 
sum  of  two  dollars,  and  for  every  twenty-four  hours  such  filth,  dirt  or 
nauseous  substance  shall  remain' unremoved,  after  the  time  so  to  be 
limited  for  the  removal  thereof,  one  dollar. 

§ 5.  And  be  it  further  ordained , That  no  person  shall  hereafter  pur- 
posely throw,  ride,  carry,  leave  or  deposit,  any  manure,  filth,  garbage, 
or  dirt  of  any  kind,  in  any  of  the  streets  or  lanes  of  this  city,  and  each 
person  offending  in  the  premises  shall  be  subject  to  a penalty  of  one  dol- 
lar for  each  offence. 

§ 6.  And  be  it  further  ordained , That  no  person  shall  cart  or  trans- 
port, in  any  wagon,  cart,  or  other  vehicle,  any  manure,  sand,  clay, 
earth,  or  rubbish,  through  any  of  the  streets  or  lanes  aforesaid,  unless 
such  wagon,  cart,  or  other  vehicle,  shall  have  a tight  box,  twelve  inches 
high,  and  the  materials  so  carted  be  well  secured  from  falling,  under 
penalty  of  one  dollar  for  every  offence. 

§ 7.  And  be  it  further  ordained , That  all  owners  or  occupants  of 
houses  or  lots  adjoining  any  of  the  streets  or  lanes  aforesaid,  shall  cause 
the  snow  to  be  removed  to  the  breadth  of  at  least  four  feet  on  the  side 
walks  in  front  of  the  same,  and  also  the  gutters  adjoining  the  said  side 
walks  to  be  cleaned  out,  within  twenty-four  hours  after  each  and  every 
fall  of  snow,  under  the  penalty  of  one  dollar  for  every  twenty-four  hours 
neglect  or  refusal  to  remove  the  said  snow,  or  to  clear  the  said  gutters. 

§ 8.  And  be  it  further  ordained,  That  all  persons  coming  to  market 
with  wood,  provisions,  or  other  articles,  shall  arrange  their  carriages  or 


sleighs  near  and  parallel  to  the  side  walks  of  the  city,  in  such  manner 
as  to  leave  open  the  middle  of  the  streets,  and  that  no  person  shall  suf 
fer  or  permit  any  carriage  or  sleigh  of  which  he  has  charge  to  remain 
standing  at  the  intersection  of  any  of  the  streets  of  this  city,  or  within 
twenty-five  feet  thereof,  under  the  penalty  of  one  dollar  for  each  viola 
tion  of  this  section. 

§ 9.  And  be  it  further  ordained,  That  there  shall  be  a gutter  under 
the  eaves  of  every  house  or  building  which  overhangs  any  of  the  streets 
or  lanes  in  the  first  section  mentioned,  with  a conductor  to  lead  the  wa 
ter  therefrom,  and  that  every  conductor  which  projects  over  any  side 
walk  of  this  city  already  flagged,  shall  be  so  constructed  as  to  lead  the 
water  down  the  side  of  the  said  house  or  building  to  within  two  feet  of 
the  ground,  before  it  is  discharged,  or  into  some  lot ; and  every  con- 
ductor which  may,  at  any  time  hereafter,  project  over  any  of  the  side 
walks  of  this  city  that  may  be  directed  by  any  ordinance  of  the  com 
mon  council  to  be  flagged,  shall  be  altered  as  above  directed,  within 
one  month  after  the  passage  of  such  ordinance,  under  penalty,  upon 
such  owner  or  occupant  of  such  house  or  building,  of  one  dollar  for 
every  week’s  neglect  or  refusal  to  comply  with  any  of  the  provisions  of 
this  section.  * 

§ 10.  And  be  it  further  ordained,  That  no  person  shall  be  permitted 
to  cast  and  leave  exposed,  the  dead  carcase  of  any  horse,  cow,  dog,  or 
other  animal,  in  any  road,  street,  yard,  garden,  lane,  or  vacant  lot  with- 
in the  jurisdiction  of  this  common  council,  but  such  carcase  shall  be 
buried  at  least  three  feet  below  the  surface  of  the  earth ; nor  shall  any 
person  empty  any  feather,  cat  tail  or  straw  bed,  in  any  road,  street, 
yard,  garden,  lane,  or  vacant  lot  within  the  police  district  of  this  city, 
on  penalty,  upon  any  person  offending  against  any  part  of  this  section, 
of  the  sum  of  five  dollars. 

§ 11.  And  be  it  further  ordained,  That  no  person  shall  place,  or  cause 
to  be  placed,  any  stone,  lime,  sand,  lumber,  plank,  boards,  or  other  ma- 
terials for  building,  in  any  street  or  lane  of  this  city,  nor  suffer  the  earth 
thrown  from  a cellar,  or  place  intended  for  a cellar,  to  remain  in  such 
street  or  lane  for  a longer  time  than  twelve  hours,  without  a written 
permission  from  the  mayor,  recorder,  or  an  alderman  of  .the  ward 
where  such  materials  or  dirt  are  laid,  under  penalty  of  five  dollars  for 
every  twenty-four  hours  that  such  materials  or  dirt  shall  continue  in 
such  street  or  lane  ; and  no  permission  shall  ever  be  given  by  the  may- 
or, recorder,  or  any  alderman,  to  deposit  or  leave  lying  any  such  ma- 
terials or  dirt,  so  as  to  occupy  more  than  half  the  breadth  of  any  street 


64 


oi'  lane  of  tliis  city,  or  to  occupy  any  part  of  the  street  other  than  in  front 
of  and  on  the  same  side  with  the  lot  on  which  such  building  materials 
arc  intended  to  be  used,  or  from  which  such  dirt  may  be  taken,  nor  af- 
ter prosecution  for  the  penalty  for  such  offence  commenced ; and  every 
person  who  shall  place,  or  cause  to  be  placed,  any  such  materials  before 
any  other  lot  than  that  on  which  they  are  to  be  used,  or  suffer  such  dirt 
tp  remain  or  be  placed  before  any  other  lot  than  that  from  which  it  was 
taken,  without  the  permission  of  the  owner  or  occupant  of  such  lot,  or 
suffer  such  materials  for  building,  or  any  of  them,  or  dirt,  to  remain 
twelve  hours  after  expiration  of  such  permission  and  notice  to  remove 
the  same,  shall  be  subject  to  a penalty  of  five  dollars  for  each,  offence ; 
and  further,  such  permission  shall  always*  be  subject  to  revocation  by 
the  common  council,  or  by  the  mayor,  recorder,  or  alderman  granting  it. 

§ 12.  And  be  it  further  ordained,  That  all  timber  or  other  materials, 
which  shall  be  permitted  to  remain  in  any  street  or  lane  of  this  city, 
shall  be  laid  in  as  compact  a manner,  and  so  as  to  obstruct  the  street  as 
little  as  practicable  ; and  it  shall  be  the  official  duty  of  the  high  consta- 
ble to  report  any  violation  of  this  or  the  preceding  section  to  the  mayor 
or  recorder  of  this  city. 

§ 13.  And  be  it  further  ordained,  That  no  person  shall  set  up  or  use, 
or  assist  in  setting  up  or  using,  a saw-horse,  in  any  street  or  lane  of  this 
city,  under  penalty  of  two  dollars  for  every  time  such  saw-horse  shall 
remain  or  be  used  as  aforesaid. 

§ 14.  And  be  it  further  ordained,  That  any  person  who  shall  wanton- 
ly injure,  deface  or  tarnish  any  bridge,  house,  porch  or  stoop,  door, 
gate,  fence,  tree,  post,  or  any  useful  or  ornamental  public  or  private 
work  or  improvement,  standing  in  any  street  of  this  city,  or  fronting 
thereon  and  adjacent  thereto,  either  by  daubing  or  besmearing  the  same, 
or  any  part  thereof,  with  paint,  mud,  tar,  oil,  grease,  or  any  mixture  or 
substance  whatever,  or  by  throwing  stones,  or  cutting,  breaking, 
scratching,  or  other  method  whatever,  or  who  shall  aid  or  assist  there- 
in, shall  be  subject  to  a penalty  of  five  dollars. 

§ 15.  And  be  it  further  ordained,  That  it  shall  not  be  lawful  for  any 
person  or  persons  to  suffer  or  permit  any  carriage  or  sled  to  remain  in 
any  of  the  streets  or  lanes,  or  on  any  bridge  of  this  city,  except  that 
every  wheelwright  or  blacksmith  shall  be  allowed  to  have  one  carriage 
or  sled  on  which  they  may  be  employed,  and  no  more,  standing  oppo- 
site his  door  or  lot,  from  sunrise  to  sunset,  under  the  penalty  of  one  dol- 
lar for  every  offence. 


§ 16.  And  be  it  further  ordained,  That  it  shall  not  be  lawful  for  any 
person  to  drive  any  horse  or  cart,  or  any  carriage  of  burthen  or  plea- 
sure, on  or  over  the  footpath  or  sidewalk  of  any  street,  or  of  any  canal 
or  railroad  bridge  within  this  city,  under  the  penalty  of  two  dollars  for 
every,  offence ; and  further,  if  any  such  person  shall  break  or  otherwise 
injure  any  such  footpath  or  side  walk,  he,  or  she,  shall,  within  twenty  i 
four  hours  thereafter,  cause  the  same  to  be  well  and  sufficiently  repair- 
ed and  amended,  under  the  penalty  of  forfeiting  five  dollars. 

§ 17.  And  be  it  further  ordained , That  it  shall  not  be  lawful  for  any 
person  to  lead,  drive  or  ride  any  horse*  or  to  wheel  or  drag  any  wheel- 
barrow or  hand-cart  or  hand-sled,  on  any  side  walk,  without  the  consent 
of  the  owner  or  occupant  of  the  house  adjoining  such  side  walk,  or  leave 
any  firewood,  or  to  lay  or  place  any  firewood,  coal*  box,  cask,  or  other 
thing,  on  any  footpath  or  side  walk,  without  written  permission  from 
the  may  or,  recorder,  or  one  alderman  of  this  city,  and  then  only  for  the 
time  and  to  the  extent  expressed  in  such  permission,  under  the  penalty 
of  two  dollars  for  every  offence. 

§ 18.  And  be  it  further  ordained , That  no  stoop,  porch  or  cellar  door 
shall  project  into  any  of  the  streets  or  lanes  of  this  city,  farther  than  the 
one-third  part  of  the  width  of  the  side  walk  of  such  street  or  lane,  with- 
out leave  from  the  common  council ; nor  shall  any  sign,  canopy,  (ex- 
cept awnings  of  cloth, ) or  portico,  project  more  than  eighteen  inches, 
nor  any  bow,  or  other  window,  more  than  twelve  inches  over  any  side 
Walk  of  this  city,  under  the  penalty,  upon  the  owner  or  occupajnt  of  the 
house  or  lot  to  which  such  stoop,  porch,  or  cellar  door  or  sign,  canopy, 
portico  or  window,  may  be  attached,  of  one  dollar  for  every  week  he  or 
she  may  neglect  or  refuse  to  remove  or  alter  the  same  ; and  such  stoop, 
porch,  cellar  door,  sign,  canopy,  portico  or  window,  shall  also  be  sub- 
ject to  be  removed  by  order  of  this  common  council. 

§ 19.  And  be  it  further  ordained , That  no  part  of  any  awning  which 
may  project  over  any  side  walk  of  this  city,  or  any  part  thereof  which 
shall  so  project  over  such  side  walk,  shall  be  at  a less  height  from  the 
ground  than  seven  feet,  under  penalty  of  one  dollar  for  every  day  or 
time  any  awning  of  less  height  shall  be  spread,  nor  shall  any  goods  or 
other  things  which  interfere  with  passengers,  be  hung  or  placed  upon 
any  fixture  over  or  adjoining  such  side  walk,  under  a like  penalty  of  one 
dollar  for  every  offence. 

§ £0.  And  be  it  further  ordained , That  no  person  or  persons  whom- 
soever, shall  burn,  or  cause  to  be  burnt,  a coal  or  tar  pit  in  this  city, 
within  the  police  district  of  this  city,  under  the  penalty  of  ten  dollars 
for  every  offence.  I 


66 


§ 21.  And  be  it  further  ordained , That  it  shall  not  be  lawful  for  a tif 
person  or  persons  to  bathe  in  the  Erie  canal  or  Mohawk  river,  west  of 
North-street,  or  any  other  public  place,  within  the  police  district  of  this 
city,  under  the  penalty  of  one  dollar  for  each  offence  against  any  pro- 
vision of  this  section. 

§ 22.  And  be  it  further  ordained , That  all  ornamental  trees  which 
shall  be  permitted  to  stand  in  any  street  or  lane  of  this  city,  shall  be 
kept  trimmed  so  high  as  not  to  obstruct  either  passers  on  the  side 
walks,  or  carriages  between  said  side  walks  or  the  light  of  the  city  lamps, 
under  penalty,  upon  the  owner  or  occupant  of  the  lot  in  front  of  which 
such  tree  may  stand,  of  one  dollar  for  every  twenty-four  hours  the  same 
is  suffered  to  remain  untrimmed,  after  notice  from  the  mayor,  recorder, 
an  alderman,  or  the  high  constable,  that  it  does  obstruct  either  passers 
or  carriages.  If  any  tree,  or  any  part  thereof,  shall  fall  down  in  any 
street  or  lane  of  this  city,  so  as  to  obstruct  such  street  or  lane,  or  any 
part  thereof,  it  shall  be  forthwith  removed  by  the  owner  thereof,  or  by 
the  occupant  of  the  lot  in  front  of  which  it  may  have  stood,  immediate- 
ly preceding  its  fall,  under  penalty  of  one  dollar,  upon  such  owner  or 
occupant,  for  every  two  hours,  during  daylight,  that  such  tree  may  be 
suffered  to  remain  ; and  in  case  the  said  tree,  or  part  thereof,  be  not  re- 
moved by  ten  o’clock  in  the  morning,  it  shall  be  the  duty  of  the  high 
constable  to  have  the  same  removed,  at  the  expense  of  sueh  owner  or 
occupant,  provided  such  expense  shall  not  exceed  five  dollars. 

§ 23.  And  be  it  further  ordained,  That  it  shall  be  the  duty  of  every 
builder,  contractor,  or  superintendent  of  or  in  any  building,  bridge,  rail- 
road, canal,  or  work  whatever,  in  this  city,  as  well  as  the  owner  or  oc- 
cupant of  any  building,  to  cause  the  street  adjoining  the  house,  bridge, 
canal,  road,  or  other  work  on  which  he  is  engaged,  or  of  which  he  has 
the  charge  or  direction,  to  be  cleaned  and  swept,  whenever  other  citi- 
zens are  by  this  law  directed  to  clean  or  sweep  in  front  of  their  houses, 
except  so  far  as  said  builder,  contractor  or  superintendent  may  be  ex- 
empted therefrom  by  the  mayor,  recorder,  or  an  alderman,  for  special 
reasons  ; and  also  to  clean  the  street  in  front  of  or  adjoining  the  house, 
bridge,  canal,  road,  or  other  work,  on  which  such  builder,  contractor  or 
superintendent  has  been  engaged,  immediately  after  the  job,  contract 
or  work  is  finished,  or  after  such  builder,  contractor  or  superintendent 
has  quit  working  on  or  attending  thereto,  whichever  shall  first  happen, 
under  penalty  of  five  dollars  for  either  of  the  offences  mentioned  in  this 
section. 


6? 


§ £4.  And  be  it  further  ordained , That  if  any  offence  shall  be  com- 
mitted against  this  law  by  any  infant,  or  by  any  apprentice  or  servant, 
the  forfeiture  shall  and  may  be  recovered  against,  and  collected  from, 
the  parent  of  such  infant,  and  from  the  master  or  mistress  of  such  ap- 
prentice or  servant. 


A LAW  to  regulate  Ike  sale  of  Hay . 

Passed  June  20,  1833. 

1.  Hay  to  be  sold  in  city  by  weight  only,  except  on  previous  or  special  con- 
tract. 

2.  Public  hay-scales  designated ; weigh-master  to  be  appointed. 

3.  Oath  to  be  taken  and  filed  by  weigh-master. 

4.  Fees  to  be  received  by  him. — 5.  To  attend  and  weigh  all  hay,  &c. 
brought  to  scales,  and  furnish  weigh-note ; wagons  to  be  weighed. 

6.  Penalty  for  refusal  to  have  wagon  weighed. 

7.  W eigh-note  of  force  during  one  day  only ; to  be  delivered  to  purchaser 
or  his  agent. 

8.  duality  of  hay  to  be  certified  by  weigh-master. 

9.  Fees,  when  to  be  paid.  Penalty  for  violation  of  law  by  weigh-master. 

10.  Wagons,  carts,  &c.  to  be  weighed,  marked  and  registered  by  weigh- 
master,  when  requested. 

11.  Weigh-master  to  report  to  city  treasurer  quarterly  ; his  compensation. 

12.  13.  Penalty  for  fraud  by  vender. 

Be  it  ordained,  by  the  Mayor , Recorder  and  Aldermen  of  the  city  of 
Schenectady,  in  Common  Council  convened : 

§ 1.  That  no  person  whomsoever  shall  sell  or  deliver  to  any  other 
person  any  hay,  within  the  police  district  of  this  city,  by  the  cart,  wa- 
gon or  sled  load,  or  in  any  other  manner  than  by  weight,  except  in  pur- 
suance of  a previous  or  special  contract,  under  the  penalty  of  forfeiting 
one  dollar  for  every  offence, 

§ £.  And  be  it  further  ordained,  That  the  hay-scales  erected  and  situa- 
ted in  the  first  ward,  shall  be  the  public  hay-scales,  machine  or  engine  for 
weighing  of  hay  ; and  a weigh-master  shall  be  appointed  by  this  com- 
mon council,  who  shall  weigh  all  hay  offered  for  that  purpose. 


68 


§ 3.  And  he  it  further  ordained , That  the  person  who  shall  be  ap- 
pointed weigh-master,  for  the  weighing  of  hay  within  the  limits  afore* 
said,  shall,  before  he  enters  on  the  duties  of  that  office,  take  and  sub- 
scribe an  oath,  before  the  mayor,  recorder,  or  clerk  of  this  common 
council,  well  and  faithfully  to  execute  the  said  office,  according  to  the 
best  of  his  skill  and  understanding,  which  oath,  subscribed  as  aforesaid, 
and  certified  by  the  mayor,  recorder  or  clerk,  shall  be  duly  filed  or  de- 
posited in  the  office  of  the  clerk  of  this  board. 

§ 4.  And  he  it  further  ordained , That  it  shall  and  may  be  lawful  to 
and  for  any  such  person  who  shall  be  appointed  weigh-master  of  hay  as 
aforesaid,  to  ask,  demand  and  take,  for  every  cart,  wagon  or  sled  load 
of  hay,  or  other  articles  to  be  weighed  at  the  before  mentioned  scales 
or  machine,  the  sum  of  twelve  and  a half  cents,  and  the  same  sum  for 
weighing  every  empty  wagon,  cart  or  sled,  and  no  more,  from  the  per- 
son who  shall  require  the  same  to  be  weighed, 

§ 5.  And  he  it  further  ordained,  That  it  shall  be  the  duty  of  the  per- 
son who  shall  be  appointed  weigh-master  to  attend  to  said  scales  or 
machine  from  time  to  time,  when,  and  immediately  after  he  shall  be  re- 
quired by  any  person  who  shall  apply  to  him,  to  have  hay  or  any  other 
articles  weighed,  so  as  that  such  attendance  should  not  be  required  in 
the  morning  before  sunrise,  or  in  the  evening  after  sunset ; that  the 
weigh-master  shall  weigh  all  such  hay  and  other  articles  as  shall  be 
brought  to  him  for  that  purpose,  together  with  the  wagons,  carts  or  sled 
in  which  the  same  shall  be  loaded,  and  also  weigh  such  wagon,  cart  or 
sled  in  which  the  same  shall  be  loaded,  in  order  to  ascertain  the  weight 
of  the  hay  or  other  articles  loaded  thereon,  and  shall  furnish  the  person 
who  shall  apply  to  have  such  hay  or  other  articles  weighed  with  a 
weigh-note,  subscribed  by  such  weigh-master  with  his  name,  specify- 
ing the  weight  of  such  hay  or  other  articles. 

§ 6.  And  he  it  further  ordained,  That  if  any  owner  or  seller  of  hay, 
after  the  same  has  been  unloaded,  shall  refuse  or  neglect  to  have  his 
wagon,  cart  or  sled  weighed,  in  order  to  ascertain  the  nett  weight  of 
his  load  of  hay,  upon  request  of  the  purchaser,  or  some  one  in  his  be- 
half, made  before  or  on  delivery  of  the  load,  and  the  said  purchaser 
paying  the  fee,  shall  be  subject  to  a penalty  of  two  dollars. 

§ 7.  And  he  it  further  ordained,  That  no  weigh-note,  given  for  the 
weight  of  hay,  shall  continue  in  force  longer  than  one  day ; and  any 
person  who  shall  sell,  or  offer  for  sale,  any  hay  which  has  been  weighed 
more  than  one  day  previous  to  the  sale  thereof,  or  to  such  offer  to  sell, 
shall  be  subject  to  the  penalty  of  one  dollar ; and  the  weigh-note  shall 


69 


be  delivered  to  the  purchaser  of  the  load  on  his  request,  or  on  request  of 
the  person  receiving’  such  load  for  the  purchaser,  under  penalty  of  one 
dollar  for  every  refusal. 

§ 8.  And  be  it  further  ordained,  That  the  weigh-master  shall  certify, 
on  every  weigh-note  of  hay,  the  quality  thereof,  designating  whether 
first,  second  or  third  quality. 

§ 9.  And  be  it  further  ordained,  That  the  weigh-master  shall  de- 
mand and  receive  the  sums  by  this  law  required  to  be  paid,  before  such 
wagon,  cart,  sled,  hay  or  other  articles,  which  shall  be  weighed  in  the 
scales,  machine  or  engine,  as  before  described,  shall  be  removed  there- 
from : and  that,  if  the  weigh-master  shall  neglect  or  refuse  to  do  or  per- 
form any  of  the  duties  required  of  him  by  this  law.  or  shall  demean  himself 
partially  or  corruptly  in  the  execution  thereof,  he  shall  forfeit  and  pay 
one  dollar  for  every  offence,  besides  compensating  the  party  injured  for 
the  damages  he  may  sustain  thereby. 

§ 10.  And  be  it  further  ordained,  That  if  any  wagoner,  cartman  or 
sledman  shall  apply  to  the  said  weigh-master  to  weigh  his  wagon,  cart 
or  sled,  the  said  weigh-master  shall  weigh  the  same  and  shall  enter  the 
weight  thereof  in  a book  to  be  kept  by  him  for  that  purpose,  and  shall 
mark  on  some  conspicuous  part  thereof,  with  a marking  iron,  the  weight 
of  the  same,  the  said  owner  or  applicant  paying  therefor  three  cents  for 
marking  the  said  wagon,  cart  or  sled,  to  the  said  weigh-master. 

§11.  And  be  it  further  ordained,  That  the  weigh-master  to  be  ap- 
pointed as  aforesaid,  shall  present  to  the  city  treasurer,  on  the  first  days 
of  August,  November,  February  and  May,  in  each  year,  (unless  either 
of  said  days  shall  happen  to  be  Sunday,  and  then  on  the  next  day,)  an 
account,  in  writing,  of  the  number  of  loads  of  hay  or  other  articles,  and 
of  the  number  of  empty  carriages  of  every  description  weighed  by  him 
for  the  preceding  three  months,  and  shall  forthwith  pay  over  to  said 
treasurer  the  fees  received  for  such  services,  he  being  allowed  to  retain 
in  his  hands,  as  his  compensation  for  his  services,  two-thirds  of  the  mo- 
ney received  by  him  for  weighing  any  loaded  wagon,  cart  or  sled,  to- 
gether with  the  sum  of  six  cents  for  weighing  every  empty  wagon, 
cart  or  sled. 

§ 12.  And  be  it  further  ordained,  That  if  any  person  shall  falsely  and 
knowingly,  fabricate,  alter  or  make  any  weigh-note,  or  any  endorse- 
ment thereon,  or  shall  knowingly  alter  the  same,  with  intent  to  defraud 
any  purchaser  or  other  person,  or  shall  alter  or  pass  any  true  weigh- 
note  as  the  weigh-note  of  any  hay,  merchandize  or  other  article,  for 
which  the  said  weigh-note  was  not  in  fact  given,  with  intent  to  defraud 


70 


any  person,  the  offender  against  any  of  the  provisions  of  this  section 
shall  forfeit  and  pay  a penalty  of  five  dollars  for  each  offence,  besides 
being  subject  to  the  person  defrauded  for  damages. 

§ 13.  And  be  it  further'  ordained,  That  if  any  person  shall  sell  or  of- 
fer for  sale,  or  shall  request  to  be  weighed,  any  hay,  in  which  any  im- 
proper substances  may  be  placed,  or  any  improper  device  shall  be  used 
to  increase  the  weight  thereof,  the  person  so  offending  shall  forfeit  and 
pay  a penalty  of  five  dollars. 


A LAW  for  suppressing  Gaming  Houses , and  for  the 
suppression  of  vice  and  immorality. 

Passed  June  £0,  1833. 

1.  Servile  work,  and  buying,  selling,  or  exposing  for  sale,  goods,  &c.  on 
Sunday,  prohibited.  Fish  and  milk  may  be  sold  during  certain  hours.  This 
law  not  applicable  to  certain  persons. 

2.  Disposing  of  goods,  &c.  by  gaming,  setting  up  the  same,  keeping  in- 
struments for  gaming,  and  suffering  apprentices,  &c.  to  play  thereat,  prohibited. 
Penalty. — Power  of  mayor,  &c.  to  suppress  and  destroy  such  instruments. 

3.  Provisions  for  suppressing  cock-fighting. 

4.  Duty  of  high  constable  and  treasurer  with  relation  to  this  law. 

Be  it  ordained  by  the  Mayor , Recorder  and  Aldermen  of  the  city  oj 
Schenectady , in  Common  Council  convened: 

§ 1.  That  any  person  who  shall,  on  Sunday,  do  any  servile  works, 
{works  of  piety,  charity  and  necessity  excepted,)  or  buy  or  sell,  or  show 
forth  or  expose  for  sale,  any  goods,  wares  or  merchandize,  or  any  other 
thing,  shall  forfeit  a penalty  of  not  less  than  three  dollars,  nor  exceed- 
ing ten  dollars,  for  every  offence,  in  the  discretion  of  the  court  before 
whom  such  person  shall  be  found  guilty ; but  it  shall  be  lawful  to  sell 
fish  until  nine  o’clock  in  the  forenoon,  and  milk  until  the  same  hour, 
and  after  four  o’clock  in  the  afternoon ; and  this  law  shall  not  apply  to 
any  person  of  any  religious  sect,  who  shall  prove  on  trial  that  such  sect 
observes  Saturday  as  the  Sabbath,  and  that  they  and  their  families,  ser- 
vants and  agents,  abstain  from  servile  work,  (except  works  of  piety, 
charity  and  necessity,)  and  from  buying,  selling,  showing  forth,  or  ex- 
posing to  sale  any  thing  on  Saturday. 


n 


§ 2.  And  be  it  further  ordained , That  any  person  disposing  of  any 
goods,  or  other  articles,  by  gaming  with  or  at  cards,  dice,  billiards, 
shuffle  boards,  eo-table,  pharo  bank,  keno  table,  pin  alley,  or  other  ma- 
chine, device,  or  contrivance  for  gaming,  or  setting  up  such  goods  or 
other  articles,  to  be  raffled  or  played  for,  and  any  person  keeping  any 
such  instrument,  machine  or  device  for  gaming,  as  is  above  mentioned, 
for  hire  or  reward,  or  whereat  or  wherewith  money,  liquor,  or  other 
articles,  shall  have  been  and  are  allowed  to  be  played  for,  and  if  any 
person  shall  keep  or  have  in  his  possession,  or  under  his  control,  any 
such  instrument,  machine  or  device,  and  shall  permit  any  apprentice, 
minor  or  servant  to  play  thereat  or  therewith,  such  person  offending 
against  either  of  the  provisions  of  this  section,  shall  be  subject  to  a pen- 
alty of  not  less  than  ten  nor  more  than  twenty-five  dollars  for  each  of- 
fence. And  it  shall  be  lawful  for  the  mayor,  recorder,  or  any  alderman 
or  justice  of  the  peace  of  this  city,  and  any  person  in  his  or  their  aid, 
after  the  first  conviction  for  either  of  the  above  offences,  to  enter  into 
any  house  or  other  building,  yard  or  lot,  and  to  suppress,  destroy  or  re- 
move, any  such  instrument,  machine  or  device  for  gaming  aforesaid, 
which  shall  there  be  found,  and  if  any  person  shall  hinder  or  obstruct 
the  said  mayor,  recorder,  alderman  or  justice,  or  any  aid  or  assistant,  in 
the  execution  of  the  duty  aforesaid,  such  person,  so  hindering  or  ob- 
structing, shall  forfeit  and  pay  a penalty  of  ten  dollars,  besides  being 
answerable  for  any  further  legal  suits  or  prosecutions. 

§ 3.  And  be  it  further  ordained , That  no  person  or  persons  shall  al- 
low any  house  or  other  building,  situate  within  the  police  district  of 
this  city,  or  any  part  of  such  house  or  building  over  which  he,  she,  or 
they  have  or  has  control,  to  be  used,  or  shall  knowingly  hire  or  lend 
out  any  such  house  or  other  building,  or  any  lot  or  part  of  a lot,  situate 
within  the  limits  aforesaid,  for  a cock-pit  or  place  for  fighting  cocks ; 
nor  shall  any  person  be  concerned,  either  as  principal,  partner  or  agent, 
in  getting  up,  causing  or  assisting  at  any  cock  fight  had  or  fought  with- 
in the  said  police  district,  on  which  cock  fight  any  stake  or  bet  made 
by  any  person  whomsoever  shall  be  deposited  or  laid,  under  penalty  of 
not  less  than  ten  dollars,  nor  more  than  twenty-five  dollars,  for  each 
and  every  offence  against  either  of  the  provisions  of  this  section. 

§ 4.  And  be  it  further  ordained , That  it  shall  be  part  of  the  official 
duty  of  the  high  constable  to  see  that  every  part  of  the  foregoing  law 
is  enforced,  and  of  the  treasurer,  to  allow  his  name  to  be  "used  in  any 
prosecutions  for  any  penalty  under  the  same  law,  whenever  the  high 
constable  shall  complain,  and  the  attorney  of  the  board  shaft  believe  a 
recovery  probable. 


72 


A LAW  for  regulating  the  Public  Market. 

Passed  June  20,  1833- 

§ 1.  Market-houses  established.  Butchers  and  victuallers  subject  to  the 
following  regulations : 

1.  License  to  sell  to  be  obtained  annually  by  butchers  and  victuallers  j 
who  to  be  considered  such. — Penalty. 

2.  Sales  of  meat  confined  to  market-houses  during  certain  hours,  ex- 

cept on  Saturdays. 

3.  Stalls ; how  to  be  allotted. 

4.  Supply  of  stalls  ; each  confined  to  his  own  stand. 

5.  Persons  applying,  how  to  be  served.  Penalty  for  concealment. 

6.  Forfeiture  for  exposure  of  unwholesome  meats,  &c. 

7.  Superintendent  to  have  access  to  closets,  &c. 

8.  Cellars,  tables,  &c.,  floors  of  market-house  and  street,  how  to  be  kept ; 

filth,  offal,  &c.  to  be  removed. 

9.  Forestalling  prohibited. 

10.  Mutton  or  lamb,  how  to  be  cut  and  brought  to  market ; calfskins 
only  to  be  brought  into  market. 

11.  Dogs,  live  sheep.  &c.  not  permitted  in  market. 

12.  Agents,  apprentices,  &c.  subject  to  penalties  of  this  law ; liability  of 
principal. 

13.  Penalties  for  use  of  indecent  language,  &c. 

14.  Selling  on  Sunday  prohibited. 

15.  Meats  to  be  weighed,  and  how. 

§ 2 and  3.  Superintendent,  his  appointment,  report  and  fees. 

§ 4.  Streets  adjoining  market  to  be  cleaned  weekly  by  butchers ; superin- 
tendent to  enforce  this  provision. 

Be  it  ordained,  by  the  Mayor , Recorder  and  Aldermen,  of  the  city  of 
Schenectady,  in  Common  Council  convened: 

§ 1.  That  the  market-house  or  houses,  and  out  stall  or  stalls,  now  or 
hereafter  established  by  the  said  common  council,  shall  be  the  market 
of  the  said  city,  and  the  butchers  and  victuallers  residing  within  the 
jurisdiction  of  this  common  council,  shall  be  subject  to  the  regulations 
following,  to  wit : 

1.  Any  person  exercising  the  trade  of  a butcher  or  victualler,  within 
the  jurisdiction  aforesaid,  shall  be  previously  licensed,  once  in  each 
year,  by  the  mayor,  with  the  consent  of  the  common  council,  paying 


73 


ifor1  each  license,  when  the  same  shall  be  granted,  such  sum  as  the  com- 
mon council  shall  from  time  to  time  previously  direct ; the  same  to  be 
paid  over  by  the  mayor  to  the  treasurer  ; and  for  every  offence  in  sell- 
ing without  such  license,  such  butcher  or  victualler  shall  forfeit  two 
dollars  and  fifty  cents  ; and  that  any  person  selling  any  meat  less  than 
by  the  quarter,  (venison,  wild  game,  dried,  smoked  and  salted  meats, 
and  poultry,  excepted,)  within  the  jurisdiction  aforesaid,  shall  be  deem- 
ed a butcher  or  victualler,  within  the  meaning  of  this  law. 

2.  That  the  said  market-house  or  houses,  stall  or  stalls,  shall  be  the 
only  places  for  selling  or  exposing  for  sale  any  meat,  (venison,  wild 
game,  dried,  smoked  and  salted  meats,  and  poultry,  excepted,)  by  any 
licensed  butcher  or  victualler  of  this  city,  between  daybreak  and  two 
o’clock  in  the  afternoon,  from  the  first  day  of  May  to  the  fifteenth  day 
of  November,  in  each  and  every  year,  under  the  penalty  of  five  dollars 
for  each  and  every  violation  thereof ; and  no  meat  or  meats  shall  be 
sold  or  exposed  for  sale  in  the  said  market-house  or  houses,  stall  or 
stalls,  after  two  o’clock  in  the  afternoon,  (except  on  Saturdays^)  under 
the  penalty  of  two  dollars  for  each  and  every  offence. 

3.  Stalls  in  said  market-house  or  houses  shall,  from  time  to  time,  be 
allotted  or  assigned  to  each  licensed  butcher  or  victualler,  by  the  mar- 
ket committee  of  the  common  council,  in  such  mode  as  said  committee 
shall  deem  proper  ; but  such  allotment  shall  only  authorise  the  persons 
to  whom  a stall  shall  be  allotted  to  carry  on  the  business  of  a butcher  or 
victualler,  subject  to  this  law,  and  such  other  regulations  as  the  com- 
mon council  shall  prescribe,  and  shall  be  subject  to  revocation  by  the 
said  committee,  or  the  common  council. 

4.  Every  butcher  or  victualler  shall  supply  his  stall  with  a plentiful 
supply  of  good  meats,  and  in  case  of  neglect  for  three  days  successive- 
ly, without  a written  permit  from  the  mayor  for  that  purpose,  he  shall 
incur  and  pay  a fine  of  two  dollars,  and  on  a second  offence  of  the  like 
nature,  he  shall  forfeit  his  license  ; and  no  butcher  or  victualler  shall 
cut  or  expose  any  meat,  except  at  his  own  stall  or  stand,  upon  penalty 
of  forfeiting  one  dollar  for  the  first  offence,  and  on  conviction  of  the  se- 
cond offence,  shall  forfeit  his  license. 

5.  The  person  first  applying  for  meat  shall  be  first  attended  to  and 
served  with  the  cut  he  may  ask  for,  if  a usual  one,  and  one  not  sold  ac- 
cording to  the  provisions  of  this  law,  any  pretence  of  prior  engagement 
of  sale  notwithstanding,  and  all  meat  shall,  also,  be  openly  exposed,  and 
not  concealed  from  view,  under  penalty  that  the  person  offending  here- 

K 


74 


in,  in  any  respect,  shall  forfeit,  for  the  first  offence,  one  dollar,  and  fof 
the  second,  his  license. 

6.  Any  butcher,  or  victualler,  or  other  person,  selling,  or  exposing  for' 
sale  in  the  market-house  or  houses,  or  in  any  other  place  within  the 
jurisdiction  of  this  common  council,  any  unwholesome,  stale,  emacia- 
ted, blown,  stuffed,  tainted,  putrid  or  measly  pork,  meat,  or  poultry,  or 
other  provisions,  or  any  flesh  of  any  animal  dead  by  accident  or  disease, 
or  known  or  suspected  to  be  diseased  at  the  killing  of  the  same,  shall' 
forfeit  three  dollars  for  each  offence,  and  upon  a second  conviction  shall 
forfeit  his  license,  in  addition  to  said  penalty ; and  said  meat,  pork,* 
poultry,  flesh  or  provisions,  so  exposed,  shall,  without  delay,  upon  view 
of  the  mayor  or  recorder,  or  any  alderman,  or  upon  complaint,  under 
oath,  before  them,  or  any  of  them,  be  seized  and  destroyed. 

7.  Every  butcher  or  victualler  in  the  said  market-house  or  houses, 
stall  or  stalls,  shall,  at  the  request  of  the  superintendent  of  the  market 
hereinafter  mentioned,  at  any  time  during  market  hours,  open  any  chest, 
closet  or  drawer,  or  other  place,,  which  the  said  butcher  or  victualler 
may  erect  or  have,  under  or  about  his  stall,  which  the  said  superintend- 
ent may  reasonably  suspect  to  contain  meat  or  other  things  not  allow- 
ed to  be  brought  into  the  said  market-house  or  houses,  stall  or  stalls, 
under  the  penalty  of  one  dollar  fof  each  refusal. 

8.  Each  butcher  and  victualler  shall  keep  his  cellar  in  said  market 
or  markets,  stall  or  stalls,"  and  the  table  of  his  stall  or  stand,  and  the 
block  belonging  thereto,  or  the  place  where  his  meats  may  be,  clean  and 
free  from  filth  and  dirt,  and  shall  also  sweep  and  keep  clean  the  floor  of 
the  market-house,  opposite  to  and  under  his  stall,  to  the  centre  there- 
of, if  any  other  butcher’s  stand  opposite  to  him  in  the  market-house 
and  if  not,  to  the  street,  on  every  day  of  the  week,  (Saturdays  and 
Sundays  excepted.)  He  shall,  after  market  hours,  and  by  two  o’clock 
in  the  afternoon,  cause  all  filth,  dirt,  remnants,  bones,  and  other  impro- 
per substances,  to  be  removed  and  carried  away,  under  the  penalty  of 
one  dollar  for  each  offence  ; and  no  remains  of  any  carcase,  and  no 
bones,  offal,  dung,  or  other  nauseous  or  improper  substance,  shall  be’ 
cast  or  thrown  in  or  about  the  market-house,  or  be  suffered  to  continue 
near  or  opposite  any  stall  or  stand,  under  the  penalty  of  one  dollar  for 
every  offence. 

9.  Any  person,  by  himself,  or  his  agent  or  servant,  guilty  of  forestal- 
ling, regrating  or  engrossing  any  poultry,  lamb,  mutton,  pork,  veal, 
beef,  venison,  eggs,  fresh  fish,  butter,  or  other  victuals,  within  the  ju- 
risdiction  aforesaid,  shall  forfeit,  for  every  offence,  two  dollars. 


75 


10.  No  mutton  or  lamb  shall  be  brought  into  market,  or  be  sold,  un- 
less that  part  of  the  leg  directly  below  the  joint  of  the  knee  and  hock 
be  cut  and  taken  from  such  mutton  or  lamb,  nor  shall  any  untried  fat, 
commonly  called  gut  fat,  nor  the  head,  feet  or  trotters  of  any  sheep  or 
lamb,  unless  the  same  shall  be  skinned  or  properly  cleansed,  nor  any 
hide  or  skins,  (except  calfskins,)  be  brought  into  the  market  by  any 
butcher  or  victualler,  or  any  other  oerson,  under  the  penalty  of  one 
dollar  for  every  offence. 

11.  No  dog  owned  by  any  butcher  or  victualler,  or  his  servant  or  ap- 
prentice, shall  be  kept,  or  suffered  to  run  in  or  about  the  market,  under 
the  penalty  of  one  dollar  for  every  offence ; nor  shall  any  live  sheep, 
lamb  or  calf,  be  suffered  in  or  about  the  market,  under  a like  penalty. 

12.  That  in  every  case  where  the  agent,  apprentice,  labourer  or  ser- 
vant, of  any  butcher,  victualler,  or  other  person,  shall  transgress  any 
part  of  this  law,  he  or  they  so  offending,  or  his  or  their  master  or  em- 
ployer, shall  be  liable  to  the  payment  of  the  penalties  prescribed  in  this 
law  ; and  every  butcher  or  victualler  who  shall  fail  to  pay,  or  cause  to 
be  paid,  any  penalty  imposed  by  any  part  of  this  law,  upon  himself,  his 
agent,  apprentice,  labourer  or  servant,  at  the  time  the  same  becomes 
legally  due,  shall  forfeit  his  license,  provided  he  has  notice  of  the  non- 
payment of  such  penalty.. 

13.  No  butcher  or  victualler,  or  his  agent,  apprentice,  labourer  or 
servant,  shall,  during  market  hours,  in  or  about  the  market-house,  be 
guilty  of  using  any  lewd,  obscene  or  indecent  language,  in  the  hearing 
of,  or  be  guilty  of  making  any  insulting  gestures  at  or  towards  any  per- 
son who  shall  be  peaceably  passing  through  or  by  the  market,  under  the 
penalty  of  one  dollar  for  each  offence ; and  in  case  any  butcher  or  vict- 
ualler, or  his  agent,  apprentice,  labourer  or  servant,  shall  be  twice  found 
guilty  of  violating  this  regulation,  for  every  subsequent  violation,  in  ad- 
dition to  the  above  penalty  of  one  dollar,  if  the  offence  was  committed 
by  a butcher  or  victualler,  he  shall  forfeit  his  license,  and  if  the  offence 
was  committed  by  the  apprentice,  labourer  or  servant  of  any  butcher  or 
victualler,  such  agent,  apprentice,  labourer  or  servant,  shall  be  sus- 
pended from  employment  in  every  market  and  stall  of  this  city,  for  such 
time  as  the  superintendent  of  the  market  shall  appoint,  not  exceeding 
one  month  for  each  subsequent  offence,  under  penalty  of  a forfeiture  of 
the  license  of  any  butcher  or  victualler  by  whom  he  may  be  employed, 
and  the  said  superintendent  shall  forthwith  put  up,  in  writing,  in  every 
market-house  of  this  city,  the  names  of  those  suspended,  and  the  time 
when,  and  the  terms  for  which  they  were  so  suspended. 


76 


14.  No  butcher  or  victualler,  or  other  person,  shall  be  allowed  to  sell, 
in  the  said  market-house  or  houses  of  this  city,  on  Sunday,  under  penal- 
ty of  one  dollar  for  the  first  offence,  and  a forfeiture  of  license  for  the 
second  offence. 

15.  All  meat  sold  in  the  said  market-house  or  houses  of  this  city 
shall  be  previously  weighed  in  a scale,  by  weights  properly  sealed,  and 
in  case  of  any  fraud  committed  in  weighing  any  meat,  or  in  case  of 
meat  sold  not  being  weighed  as  aforesaid,  the  person  offending  shall 
forfeit  two  dollars  for  each  offence. 

§ £.  And  be  it  further  ordained , That  on  the  first  Tuesday  in  May, 
and  oftener  if  necessary,  in  every  year,  from  and  after  the  passing  of 
this  law,  a person  shall  be  appointed  by  this  board,  to  be  called  and 
• known  by  the  name  of  the  superintendent  of  the  market,  whose  duty  it 
shall  be  to  see  that  all  the  provisions  of  this  law  are  carried  into  effect, 
report  in  writing  to  the  mayor,  every  Monday  in  each  week,  the  names 
of  all  persons  who  may  have  committed  any  offence  or  offences  against 
this  law,  on  any  day  in  the  week  preceding  such  report,  the  nature  of 
the  offence,  and  also  his  proceedings  against  the  offender  or  offenders, 
that  the  same  may  be  by  the  mayor  laid  before  the  common  council  at 
their  first  meeting  thereafter. 

§ 8.  And  be  it  further  ordained , That  it  shall  be  the  duty  of  the  said 
superintendent  of  the  market  to  collect  and  receive  from  every  butcher 
or  victualler,  for  all  meat  brought  into  the  said  market-house  or  hou- 
ses, stall  or  stalls,  by  them,  or  either  of  them,  their  servants,  appren- 
tices or  agents,  between  the  first  day  of  May  and  the  fifteenth  day  of 
November  in  each  year,  the  following  fees,  to  wit : 

For  each  quarter  of  beef,  - - - - 4 cents. 

For  each  calf,  sheep,  or  lamb,  - - - 3 cents. 

For  every  hog,  shoat  or  pig,  above  14  pounds  weight,  - 6 cents. 

Which  fees  shall  be  paid  by  the  said  superintendent  on  the  first  day  of 
each  month,  unless  such  day  be  Sunday,  and  then  the  next  day,  to  the 
city  treasurer,  accompanied  with  an  account  in  writing,  of  the  number 
of  quarters  of  beef,  of  calves,  sheep,  lambs  and  hogs,  shoats  or  pigs, 
respectively,  for  which  he  has  received  said  fees. 

§ 4.  And  be  it  further  ordained,  That  the  licensed  butchers  in  the 
market  or  markets,  stall  or  stalls,  shall,  once  in  each  week,  remove  the 
dirt  and  filth  that  may  lie  between  the  market-house  and  the  middle  of 
the  street  opposite  thereto,  during  their  continuance  in  the  market,  and 
in  default  thereof,  every  one  of  them  shall  incur  a fine  of  one  dollar  for 
each  offence,  to  be  recovered  of  them  severally,  according  to  law,  and 


77 


the  superintendent  of  the  market  is  specially  enjoined  to  carry  into  ef- 
fect the  provisions  of  this  section. 


A LAW  relative  to  the  appointment  of  JMayor, 

Passed  June  20,  1833. 

1.  Time  and  mode  of  appointment  of  mayor. 

2.  Same  in  case  of  non-acceptance  or  failure  of  election — Proviso. 

Whereas  the  constitution  of  this  state  provides  that  mayors  of  all  the 
cities  of  this  state  shall  be  appointed  annually,  by  the  common  councils 
of  the  respective  cities  : And  whereas  it  is  proper  that  the  mode  of 
making'  such  appointment  should  be  determined  before  the  appointment 
is  to  be  made  : Therefore, 

Be  it  ordained , by  the  Mayor,  Recorder  and  Aldermen,  of  the  city  of 
Schenectady,  in  Common  Council  convened : 

§ 1.  That  at  least  a quorum  of  the  said  common  council  shall,  on  the 
third  Tuesday  of  December  in  each  year,  at  ten  o’clock  in  the  forenoon, 
assemble  in  the  common  council  room , for  the  purpose  of  appointing  a 
mayor  of  the  said  city,  and  there,  by  ballot,  proceed  to  make  such  ap- 
pointment, and  that  the  person  having  the  majority  of  votes  of  the 
members  so  assembled,  shall  be  the  mayor  of  the  said  city  for  the  year 
ensuing  the  first  day  of  January  next  thereafter,  provided  he  accepts 
such  appointment  within  two  days  after  notice  thereof. 

§ 2.  And  be  it  further  ordained,  That  in  case  the  person  so  appointed 
mayor  does  not  accept  the  appointment,  or  in  case  no  person  shall,  on 
the  day  the  common  council  shall  assemble  for  the  purpose  aforesaid, 
receive  a majority  of  the  votes  of  the  members  so  assembled,  the  said 
common  council  shall,  on  some  future  day  to  be  by  them  appointed, 
make  such  appointment,  by  voting  by  ballot  as  aforesaid,  and  so  from 
time  to  time,  until  a mayor  shall  be  appointed  by  such  majority,  who 
shall  accept  the  said  office : Provided , however,  that  if  the  office 

shall  not  be  filled  until  after  the  first  day  of  January  in  any  year,  the 
term  of  office  shall  still  be  deemed  to  commence  on  the  first  day  of 
January  in  every  year. 


78 


A LAW  to  prevent  injuries  by  fire9  and  for  other  pur- 
poses. 

Passed  June  £0,  1833. 

1.  Inspectors  of  chimnies ; their  appointment  and  duties.  Penalty  for  non- 
performance of  duties ; same  on  inhabitant  for  not  complying  with  provisions 
of  this  section. 

2.  Inspectors  to  examine  minutely  as  to  fire-buckets,  cleansing  of  chim- 
nies,  &c..  and  compliance  with  his  directions  ; delinquents  to  be  reported  to  ci- 
ty treasurer. 

3.  Stove  pipes,  how  to  be  put  up. 

4.  Penalty  for  suffering  chimnies  to  take  fire,  on  owner  or  tenant  of 
house,  &c,,  and,  in  certain  cases,  on  inspector. 

5.  Fire-buckets  to  be  provided  and  kept  in  repair. 

6.  Mayor,  recorder,  akleimen  and  fire-wardens  to  wear  sashes  on  occur- 
rence of  fires ; their  duties  and  powers  at  fires. 

7.  Hay,  &c.  in  stacks  not  to  be  kept  near  any  house  having  a chimney, 
hearth  or  fireplace. 

8.  Ovens,  how  to  be  secured. 

9.  Bams,  &c.  to  be  closed  at  night ; lanterns  to  be  used  in  them  ; smoking 
in  same  prohibited. 

10.  Hay,  or  other  combustibles  of  a like  nature,  not  to  be  put  or  left  in 
streets. 

11.  Firing  guns,  rockets,  &c.  prohibited.  Regulation  as  to  smoking  a- 
mong  shavings,  &c.  and  carrying  fire. 

12.  Making  fire  in  streets  and  yards  prohibited,  unless  by  consent  of 
mayor,  &c. 

13.  Regulation  as  to  carpenters’  shops  and  yards,  &c. 

14  . tJnslacked  lime,  how  to  be  secured. 

15.  Every  dwelling-house  or  store  to  be  furnished  with  scuttle  or  ladders. 

16.  Engine  companies  to  be  organized ; captains,  how  to  be  chosen  and 
commissioned  ; their  duties  and  powers. 

17.  Duty  of  engine  companies  at  fires. — Penalty  for  absence  or  neglect  of 
duty. 

18.  Engines  to  be  cleaned  monthly. 

19.  Badges  to  be  procured  and  worn  by  firemen  and  captains,  when  on 
duty. 

20.  Penalty  for  violation  of  this  law  by  firemen. 

21.  Hook,  ladder  and  axe  company  instituted ; their  duties. — Penalties. 

22.  Implements  of  H.  L.  and  A.  company,  how  and  where  to  be  kept  ; 
paonthly  meetings  to  be  held ; duty  of  captains. 


$3.  Members,  how  to  be  equipped. 

24.  Hose  company  instituted ; members  considered  firemen  ; their  duties, 
Penalty  for  injuring  hose. 

25.  Duty  of  common  council  and  fire-wardens  on  occurrence  of  fires. 

26.  Duly  of  possessors  of  fire-buckets  on  occurrence  of  fires. 

27.  Chimney  sweepers  to  be  licensed ; regulations  respecting  them. 

28.  Fire-wardens  to  be  appointed ; their  duties  and  powers  .-^29.  To  meet 
tvith  engine  companies,  &c.  inspect  and  report  their  condition.  City  clerk  to 
furnish  list  of  members  of  each  company  to  fire-wardens. 

30,  31,  32.  Blacksmiths’  shops,  &c.  how  to  be  constructed. 

33.  Penalty  for  violating  provisions  of  last  three  sections. 

Be  it  ordained  by  the  Mayor , Recorder  and  Aldermen  of  the  city  oj 
Schenectady , in  Common  Council  convened i 
§ 1*  That  an  inhabitant  of  the  said  city  shall  be  appointed  in  each  of 
the  wards  thereof,  who  shall  be  called  an  inspector,  and  who  shall  re- 
ceive a certificate  of  his  appointment,  under  the  hands  of  the  mayor,  to 
which  the  city  seal  shall  be  affixed,  an<j|that  if  any  person  appointed  an 
inspector  shall  neglect  to  take  upon  him  the  duties  of  said  office,  he 
shall  forfeit  and  pay  the  sum  of  five  dollars ; that  it  shall  be  the  duty  of 
the  inspectors,  at  least  every  two  months,  between  the  first  day  of  May 
and  the  first  day  of  October,  and  once  every  month,  between  the  first 
day  of  October  and  the  first  day  of  May  in  each  year,  carefully  to  ex- 
amine and  inspect  all  chimnies,  hearths,  stoves,  stove  pipes,  ash  houses, 
and  other  places  in  which  fire  or  ashes  shall  be  kept  in  this  city,  with  - 
in the  limits  of  the  police  district  of  this  city,  and  from  time  to  time, 
whenever  it  shall  appeaf  to  either  of  them  that  any  chimney  requires 
to  be  cleansed,  repaired  or  secured,  or  that  any  hearth,  stove,  stove 
pipe,  ash  house,  or  other  place  in  which  fire  or  ashes  is  or  are  kept,  is 
dangerous,  or  not  properly  secured,  to  give  notice  thereof  to  the  owner 
or  tenant  of  the  house,  building  or  lot,  in  or  upon  which  such  chimney,* 
hearth,  stove,  stove  pipe,  ash  house,  or  other  place,  in  which  such  fire 
or  ashes  deemed  to  be  dangerous  or  not  properly  secured,  shall  be,  and 
shall  require  such  owner  or  tenant  to  cleanse,  repair  or  secure  such 
Chimney,  hearth,  stove,  stove  pipe,  ash  house,  or  other  place  in  which 
fire  or  ashes  shall  be  kept  as  aforesaid,  within  such  reasonable  time  as 
such  inspector  shall  in  his  discretion  appoint,  not  exceeding  two  days ; 
And  any  such  owner  or  tenant  continuing  to  keep  fire  Or  ashes  in  such 
place,  and  refusing  or  neglecting  to  obey  such  requisitions  in  the  man- 
ner and  within  the  time  for  that  purpose  appointed,  by  any  such  inspec- 
tor, shall  forfeit  and  pay,  for  every  such  neglect  or  refusal.,  the  sum  of 


30 


bfte  dollar,  and  for  every  day’s  neglect  thereafter,  the  sum  of  one'  dol- 
lar. 

§ 2.  And  be  it  further  ordained,  That  the  said  inspectors,  whenever 
they  examine  the  chimnies  as  herein  before  directed,  shall  also  exam- 
ine whether  the  persons  enjoined  to  furnish  leather,  buckets  are  posses- 
sed of  the  requisite  number,  and  whether  the  same  are  in  good  order ; 
and  further,  that  it  shall  be  the  duty  of  such  inspector  or  inspectors  to 
ascertain  whether  such  chimney,  hearth,  stove,  stove  pipes,  ash  houses, 
or  other  places  in  which  fire  or  ashes  shall  be  kept,  shall  have  been 
cleansed,  repaired  or  secured,  in  the  time  and  in  the  manner  by  him  or 
them  directed,  and  whether  the  fire-buckets  by  them  directed  to  be  fur- 
nished or  repaired  have  been  furnished  or  repaired  within  the  time  lim- 
ited for  that  purpose  by  such  inspector  or  inspectors,  which  time  shall 
be  within  eight  days  from  the  time  that  such  inspector  or  inspectors 
shall  have  directed  the  same  to  be  furnished  or  repaired,  and  to  report 
the  names  of  any  delinquent  or  delinquents  forthwith  to  the  treasurer  of 
this  city,  whose  duty  it  shall  be  to  cause  such  delinquent  or  delinquents 
to  be  prosecuted  for  the  fines  for  which  he,  she  or  they  may  be  subject. 

§ 3.  And  be  it  further  ordained,  That  every  pipe  of  any  stove  or 
franklin  which  is  or  shall  be  conducted  through  any  floor,  roof,  wooden 
partition,  or  any  wooden  fixture,  in  either  of  the  said  wards,  shall,  in 
every  part  of  such  pipe,  be  at  least  two  inches  and  a half  distant  from 
such  floor,  roof,  wooden  partition,  or  other  wooden  fixture,  and  that 
every  such  pipe  shall  be  conducted  into  a chimney,  unless  in  cases  where 
the  mayor,  recorder  or  an  alderman  shall  deem  it  equally  safe,  if  other- 
wise put  up,  and  shall  so  certify  in  writing  under  his  hand,  and  every 
person  putting  up  any  such  pipe  contrary  to  this  section,  shall,  for  eve- 
ry offence,  forfeit  and  pay  a penalty  of  one  dollar,  and  the  further  sum 
of  five  dollars  for  every  twenty-four  hours  the  same  shall  remain  so  put 
up,  after  notice  from  the  mayor,  recorder,  an  alderman  or  inspector,  to 
remove  the  same. 

§ 4.  And  be  it  further  ordained,  That  if  any  owner  or  tenant  of  any 
house  or  other  building  within  the  limits  aforesaid,  shall  suffer  any 
chimney  in  any  such  house  or  other  building  to  take  fire  and  burn,  for 
want  of  cleansing  or  properly  securing  the  same,  without  permission 
from  the  mayor,  recorder  or  an  alderman  of  the  said  wards,  such  owner 
or  tenant  shall,  as  often  as  any  such  chimney  shall  take  fire  and  burn  as 
aforesaid,  forfeit,  for  every  such  chimney,  the  sum  of  two  dollars  ; and 
that  the  said  inspectors  of  the  wards  in  which  such  chimney  shall  take 
fire  and  burn  a6  aforesaid,  (if  such  chimney  was  capable  of  being  in- 


81 


spected,  and  not  ordered  to  be  cleansed,)  shall  forfeit,  for  every  such 
chimney,  the  sum  of  one  dollar  ; and  that  the  inspectors,  for  every  oth- 
er neglect  to  do  or  perform  any  of  the  duties  enjoined  on  them  by  this 
law,  shall  forfeit  the  sum  of  two  dollars. 

§ 5.  And  be  it  further  ordained,  That  the  owner  or  owners,  tenant  or 
tenants,  of  every  house  within  the  limits  aforesaid,  having  one  or  more 
fire  places,  shall  provide,  and  keep  in  good  order  and  repair,  leather 
buckets,  in  the  proportion  following,  that  is  to  say  : every  house  having 
one  fire  place,  and  not  more  than  two,  one  bucket ; every  house  having 
three  fire  places,  and  not  more  than  four,  two  buckets : every  house 
having  five  fire  places,  three  buckets,  and  one  bucket  for  every  fire 
place  more  than  five,  which  buckets  shall  be  marked  at  least  with  the 
initial  letters  of  the  owners  name ; that  if  such  bucket  shall  be  pro- 
vided by  any  tenant  or  tenants,  it  shall  be  at  the  expense  of  his,  her  or 
their  landlord  or  landlords,  and  that  if  any  such  owner  or  tenants  as 
aforesaid  shall  neglect  or  refuse  to  procure  or  keep  in  good  order  and 
repair,  the  leather  buckets  which  he  or  she  shall  in  and  by  this  law  be 
required  to  furnish,  such  owner  or  tenant  shall  forfeit  and  pay  the  sum 
of  one  dollar  for  every  bucket  deficient  or  not  kept  in  good  order  or  re- 
pair as  aforesaid,  and  that  their  not  producing  any  such  buckets  on  be- 
ing required  so  to  do  by  any  of  the  inspectors  of  the  wards,  shall  be 
considered  as  evidence  of  such  buckets  being  deficient,  or  out  of  re- 
pair. 

§ 6.  And  be  it  further  ordained,  That  when  and  as  often  as  any  ac- 
cident by  fire  shall  happen,  within  the  limits  aforesaid,  the  mayor,  re- 
corder and  aldermen  of  the  said  wards,  and  the  fire-wardens  hereinafter 
mentioned,  shall  respectively  wear  abour  their  shoulders  a white  linen 
sash,  of  at  least  the  breadth  of  four  inches,  which  badges  shall  be  de- 
livered over  by  the  said  mayor,  recorder,  or  aldermen  and  fire-wardens, 
to  their  respective  successors  in  office  ; and  the  mayor,  recorder,  or  any 
one  of  the  aldermen  of  the  said  wards,  or  of  the  fire-wardens,  shall  and 
may  require  and  direct  all  and  every  person  present  at  or  near  such  fire, 
to  employ  and  exert  himself  for  the  extinguishment  of  such  fire,  in  such 
manner  as  such  mayor,  recorder,  alderman  or  fire-warden  shall  ap- 
point and  direct ; and  if  any  person  so  being  present  at  or  near  such  fire, 
shall  neglect  or  refuse  to  comply  with  such  direction  of  such  mayor,  re- 
corder, alderman  or  fire-warden,  he  shall  forfeit  the  sum  of  two  dollars 
and  fifty  cents. 

§ 7.  And  be  it  further  ordained,  That  no  hay,  straw,  Indian  com 
stalks,  or  other  combustibles  of  a like  nature,  shall  be  put  or  kept  in  any 
L 


82 


place  within  forty  feet  of  any  house  situated  within  the  police  district1 
aforesaid,  and  having  a chimney,  hearth  or  fire  place,  in  stacks  or  bar-* 
racks,  or  otherwise  than  in  a close  and  secure  building,  and  that  every 
person  who  shall  put  or  keep  said  articles  within  forty  feet  of  any  such 
house,  except  in  a close  and  secure  building  as  aforesaid,  shall  forfeit 
and  pay,  for  every  such  offence,  the  sum  of  one  dollar  for  every  forty- 
eight  hours  the  same  shall  be  continued,  after  notice  given  by  the  may- 
or, recorder,  or  any  one  of  the  aldermen  of  the  said  wards,  to  remove 
the  same. 

§ 8.  And  be  it  further  ordained , That  any  person  or  persons  within 
the  police  district  aforesaid,  now  or  hereafter  having  an  oven  or  ovens 
in  his  or  their  yard,  the  door  of  which  is  not  inside  a dwelling-house, 
shall  cause  a chimney  or  flue  to  be  erected,  of  stone  or  brick,  over  the 
mouth  of  such  oven,  and  not  less  than  two  feet  above  the  cover  or  roof 
of  the  same ; and  any  person  or  persons  who  shall  put,  or  suffer  their 
children  or  servants  to  put  fire  into  such  oven,  destitute  of  a flue  or 
chimney,  shall  forfeit  the  sum  of  one  dollar  for  every  such  offence. 

§ 9.  And  be  it  further  ordained , That  any  person  or  persons  having  a 
barn  or  stables,  containing  hay,  straw,  or  other  combustibles  of  a like 
nature,  within  the  said  police  district,  shall  cause  the  doors  and  win- 
dows thereof  to  be  close  shut  up  every  night  before  dark,  and  that  he, 
she  or  they  shall  not  suffer  any  person  to  go  into  such  barn  or  stable 
with  a lighted  candle,  unless  the  same  be  enclosed  in  a lantern,  neither 
shall  he,  she  or  they  enter,  or  suffer  any  person  to  enter  the  same, 
smoking  either  segars  or  a pipe,  under  the  penalty  of  forfeiting,  for  eve- 
ry such  offence,  the  sum  of  one  dollar. 

§ 10.  And  be  it  further  ordained , That  from  and  after  the  passing  of 
this  law,  no  person  shall  throw  hay,  straw,  shavings,  or  other  combus- 
tibles of  a like  nature,  into  the  street,  or  into  any  other  open  place  where 
there  appears  to  be  danger  of  setting  any  buildings  or  fences  on  fire,  and 
suffer  the  same  to  remain  there  more  than  twenty-four  hours,  under  the 
penalty  of  one  dollar ; and  any  inhabitant  within  the  police  district 
aforesaid,  suffering  any  hay,  straw,  shavings,  or  other  combustibles  of  a 
like  nature,  to  lie  in  the  street,  or  any  other  place  before  his  or  her 
house  or  lot,  in  the  night  time,  (provided  any  inspector  or  any  other 
citizen  within  the  said  limits  shall  have  notified  him  or  her  that  such 
combustibles  are  lying  there,)  shall  forfeit  the  sum  of  one  dollar  for 
every  night  he  or  she  neglects  to  remove  the  same. 

§ 11.  And  be  it  further  ordained , That  if  any  person  shall  fire  or  dis- 
charge any  gun,  pistol,  rocket,  cracker,  squib,  or  other  fire-works,  in' 


83 


any  street,  lane  or  alley,  or  in  any  yard,  garden  or  other  inclosure,  or 
in  any  place  which  persons  frequent  to  walk,  within  the  limits  aforesaid, 
without  permission  of  the  mayor,  recorder,  or  one  of  the  aldermen  of 
this  city,  such  person,  besides  being  answerable  to  the  party  grieved, 
shall  forfeit  for  every  such  offence  the  sum  of  one  dollar ; and  that  no 
person  shall  smoke  segars  or  a pipe  when  among  shavings  or  any  other 
combustibles,  nor  carry,  or  suffer  their  children  or  servants  to  carry, 
fire  from  one  house  to  another,  unless  it  be  in  a stove,  covered  kettle, 
or  otherwise  secured  from  falling  on  the  ground,  or  being  blown  about 
with  the  wind,  under  penalty  of  forfeiting,  for  every  such  offence,  one 
dollar. 

§ 12.  And  be  it  further  ordained , That  no  person  shall,  unless  by  the 
consent  of  the  mayor,  recorder,  or  one  of  the  aldermen,  set  on  fire  or 
burn  any  shavings,  chips,  straw,  or  other  combustibles,  or  make  any 
fire  for  any  purpose  whatsoever,  either  on  the^  ground  or  in  any  stove, 
cabouse,  or  any  temporary  place,  in  any  street,  lane,  yard,  or  on  the 
bank  or  margin  of  the  river  or  canal,  or  in  any  house,  out-house  or  shed 
not  having  a good  and  sufficient  stove,  fire  place  and  chimney  therein, 
and  without  being  in  such  fire  place,  chimney  or  stove,  within  the  po- 
lice district  aforesaid,  under  the  penalty  of  two  dollars  for  each  offence . 

§ 13.  And  be  it  further  ordained,  That  every  carpenter,  joiner,  or 
other  mechanic,  or  person  keeping  a shop  or  other  building,  wherein 
chips,  shavings,  or  other  combustible  matter  may  be  contained,  shall, 
under  the  penalty  of  two  dollars  for  every  neglect,  clean  and  remove  the 
same  out  of  said  shops  and  buildings  and  the  yards  belonging  there- 
to, at  least  once  in  each  week,  and  no  lighted  candle  shall  be  used  in 
the  workshop  of  any  carpenter,  joiner,  or  other  person  mentioned  in  the 
preceding  part  of  this  section,  unless  it  be  placed  in  a candlestick  made 
of  materials  not  liable  to  take  fire,  under  the  penalty  of  one  dollar  for 
every  offence. 

§ 14.  And  be  it  further  ordained , That  no  unslacked  lime,  except  in 
small  quantities,  not  exceeding  one  bushel,  shall  be  deposited  within  the 
limits  aforesaid,  unless  in  some  secure  place,  to  be  approved  of  by  the 
mayor,  recorder,  or  one  of  the  aldermen,  in  writing,  under  the  penalty 
of  five  dollars  for  every  offence,  and  a like  penalty  for  every  twenty- 
four  hours  neglect  or  refusal  to  remove  the  same,  after  notice  so  to  do 
from  any  member  of  this  common  council,  or  any  one  of  the  inspectors, 

§ 15.  And  be  it  further  ordained,  That  every  dwelling-house  or  store 
erected,  or  hereafter  to  be  erected,  within  the  limits  aforesaid,  shall  be 
furnished  with  a suitable  scuttle  in  the  top  thereof,  and  a convenient 


v 


>4 


way  to  it  on  a safe  ladder,  to  reach  the  eaves  of  the  said  house,  and  an- 
other to  reach  from  the  said  eaves  to  the  ridge  of  the  roof,  with  hooks 
to  secure  it  to  the  said  roof,  under  penalty  of  five  dollars  for  each  and 
every  fortnight’s  neglect  or  refusal  to  provide  the  same. 

§ 16.  And  be  it  further  ordained , That  to  each  fire  engine  belonging 
to  this  corporation,  except  engine  No.  3,  there  shall  be  attached  a com- 
pany of  not  less  than  twenty  able  bodied  men,  being  inhabitants  of  this 
city,  and  to  said  engine  No.  3,  a company  of  not  less  than  seven  men ; 
and  that  from  time  to  time,  whenever  the  office  of  captain  shall  become 
vacant,  each  company,  at  the  first  stated  meeting  thereafter,  shall  elect, 
by  ballot,  a person  who  is  a fireman  of  this  city,  as  captain  of  said  com- 
pany, who  shall  hold  his  office  during  the  pleasure  of  the  common  coun- 
cil ; and  it  shall  be  the  duty  of  the  fire-warden  in  whose  ward  a vacan- 
cy shall  occur,  to  be  and  preside  at  such  election,  and  receive  the  writ- 
ten or  printed  ballots  of  said  company,  and  the  person  being  an  inhabi- 
tant and  a fireman  as  aforesaid,  and  having  the  greatest  number  of 
votes,  shall  be  declared  elected ; and  it  shall  be  the  duty  of  the  fire- 
warden, immediately  after  such  election,  to  report,  in  writing,  to  the 
mayor  of  this  city,  the  name  of  the  person  having  the  greatest  number 
of  votes,  and  the  said  mayor  shall  thereupon  commission  the  said  cap- 
tain, under  his  hand  and  the  seal  of  this  city ; and  it  shall  be  the  duty 
of  the  said  captain  so  elected  and  commissioned  as  aforesaid,  in  con- 
formity to  the  directions  of  the  mayor,  recorder  and  aldermen,  and  of 
the  fire-wardens  hereinafter  named,  to  superintend  and  direct  his  com- 
pany upon  all  occasions  when  it  may  meet  for  duty,  to  see  that  the  en- 
gine houses  are  swept  at  least  once  a month  by  his  company,  whose 
duty  it  shall  be  to  obey  his  orders  for  that  purpose,  under  penalty  of  one 
dollar  upon  any  individual  who  may  disobey  him,  to  report  to  the  cor- 
poration those  who  may  be  absent  from  the  meetings  of  the  company, 
or  who  may  infringe  any  of  the  regulations  from  time  to  time  made  by 
this  board  relative  to  firemen. 

§ 17.  And  be.  it  further  ordained , That  the  firemen  within  the  said 
limits  for  the  time  being,  shall,  when  and  as  often  as  accidents  by  fire 
shall  happen,  by  night  or  by  day,  with  all  possible  expedition,  repair  to 
their  respective  fire  engines  and  the  tools  and  instruments  provided  for 
the  extinguishing  of  fires  within  the  said  limits,  and  convey  them  to 
the  place  where  such  accidents  by  fire  shall  happen,  and  there,  under 
and  by  the  direction  of  the  mayor,  recorder,  aldermen  and  fire-wardens 
hereinafter  mentioned,  or  such  of  them  as  shall  attend  at  the  said  fire, 
with  the  utmost  skill  and  diligence  in  their  power,  work  and  manage 


Zb 


the  Said  lire  engines  and  such  tools  and  instruments  for  the  speedy  ex 
tinguishment  of  such  fire,  and  when  such  fire  is  extinguished,  shall  re- 
turn the  said  fire  engines,  tools  and  instruments  aforesaid,  first  careful- 
ly examining  the  same,  that  they  are  in  good  order  and  repair  and  rea- 
dy for  immediate  use,  to  the  places  provided  for  depositing  the  same  ; 
and  that  neither  the  said  fire  engines,  or  any  of  the  tools  or  instruments 
for  extinguishing  fires,  provided  by  this  corporation,  shall  in  any  wise 
or  at  any  time,  be  applied  to  private  use,  without  the  order  of  the  com- 
mon council,  under  penalty  of  one  dollar  for  each  and  every  offence ; 
and  that  if  any  fireman  shall  absent  himself  from  any  such  fire,  or  shall 
neglect  or  refuse  to  aid  in  extinguishing  such  fire,  by  working  or  man- 
aging such  fire  engine,  tools  or  instruments,  without  reasonable  cause, 
he  shall  forfeit  the  sum  of  two  dollars  for  every  neglect  or  refusal. 

§ 18.  And  he  it  further  ordained , That  the  said  firemen  shall,  at  least 
once  every  month,  whenever  the  season  of  the  year  will  admit  thereof, 
and  at  such  other  times  as  they  shall  be  required  by  the  common  coun- 
cil, or  by  the  mayor,  or  any  three  aldermen  of  this  city,  or  the  said  fire- 
wardens, draw  the  said  fire  engines  to  such  place  as  he  or  they  shall  di- 
rect, wash  and  cleanse  the  same,  and  keep  the  said  fire  engines  in  good 
order  and  condition,  and  return  the  same  to  the  engine  house,  ready  for 
immediate  use. 

§ 19.  And  he  it  further  ordained,  That  it  shall  be  the  duty  of  the  sev- 
eral firemen,  forthwith  to  furnish  themselves,  at  their  own  expense, 
with  an  appropriate  badge  of  distinction,  consisting  of  a hat  or  cap, 
painted  with  white  paint,  with  the  figures,  viz:  No.  1,  2,  3 or  4, 
having  reference  to  the  fire  engine  to  which  they  may  respectively  be- 
long, and  also  a white  linen  or  hemp  frock  coat,  reaching  to  the  knee, 
having  a standing  collar,  with  one  button  and  button  hole  thereto,  and 
four  other  buttons  and  button  holes  below  said  collar,  to  close  the  same ; 
and  it  shall  also  be  the  duty  of  the  captain  of  each  of  the  engine  compa- 
nies to  wear  on  his  right  arm  a black  ribbon,  sewed  fast  to  the  sleeve  of 
the  coat,  in  the  shape  of  the  letter  V,  the  number  of  stripes  to  corres- 
pond with  the  number  of  his  engine.  The  captain  of  the  hook,  ladder 
and  axe  company  to  wear  on  his  right  arm  a black  ribbon,  in  the  shape 
of  a ladder,  and  the  captain  of  the  hose  company  to  wear  on  the  right 
arm  a black  ribbon,  in  the  shape  of  a diamond,  which  badges  the  said 
captains  and  firemen  are  hereby  required  to  wear  whenever  on  duty  as 
firemen  out  of  their  engine  house,  and  that  in  case  of  neglect  or  refusal, 
each  of  the  said  captains  and  firemen  shall  forfeit  the  sum  of  two  dol- 


lars  for  each  such  neglect  or  refusal,  and  moreover,  forfeit  liis  station  as 
a fireman. 

§ 20.  And  be  it  further  ordained , That  if  any  fireman  shall,  at  any 
time  hereafter,  neglect  or  refuse  to  perform  any  of  the  duties  enjoined 
on  him  by  this  law,  (other  than  those  for  which  specific  penalties  are 
herein  provided, ) such  fireman  so  neglecting  or  refusing,  shall,  for  eve- 
ry such  neglect  or  refusal,  forfeit  and  pay  the  sum  of  one  dollar,  and 
that  whenever  any  fireman  shall  be  convicted  of  three  several  neglects 
or  refusals  successively,  to  perform  any  of  the  duties  enjoined  on  him  by 
this  law,  such  fireman  shall  be  struck  out  of  the  register  of  firemen,  and 
another  person  appointed  in  his  stead. 

§ 21.  And  be  it  further  ordained,  That  fifteen  discreet,  able  bodied 
men,  being  inhabitants  of  this  city,  shall  be  appointed  by  the  common 
council,  for  the  better  extinguishing  of  fires,  to  be  called  the  “ Hook, 
Ladder  and  Axe  Company,”  who  shall,  under  the  management  and  di- 
rection of  a captain  and  one  assistant,  to  be  chosen  and  commissioned 
as  the  captains  of  the  fire  engine  companies  are  herein  directed  to  be 
chosen  and  commissioned,  and  who  shall  hold  their  office  by  the  same 
tenure,  take  charge  and  have  the  care,  management,  working  and  using 
of  the  fire  hooks,  ladders,  axes  and  other  tools  and  instruments,  (except 
the  fire  engines  and  hose,)  provided  for  the  extinguishing  of  fires  ; and 
that  all  the  members  of  the  said  company  shall,  whenever  any  fire  may 
happen,  repair  without  delay  to  the  place  of  danger,  with  their  tools 
and  instruments,  and  under  the  direction  of  the  mayor,  recorder,  aider- 
men  and  firewardens  of  this  city,  or  any  three  of  them,  cut.  pull  down 
and  carry  away,  any  building,  erection  or  fence,  and  use  their  hooks, 
ladders,  and  other  tools  and  instruments  provided  as  aforesaid,  in  the 
best  manner,  for  the  purpose  of  checking  the  progress  of  the  fire,  and 
every  default  or  refusal  in  the  premises  shall  subject  the  offender  to  a 
fine  of  ten  dollars  ; and  further,  if  any  of  the  said  company  shall  wilfully 
break  down,  deface  or  injure  any  staircase,  chimney  piece,  door  or  other 
fixture,  inside  of  any  house,  during  any  fire,  without  the  consent  of  the 
owner  or  occupant,  or  the  mayor,  recorder,  aldermen  and  fire-wardens 
as  aforesaid,  he  shall  be  subject  to  a penalty  of  ten  dollars. 

§ 22.  And  be  it  further  ordained , That  the  said  fire  hooks,  ladders, 
axes  and  other  tools  and  instruments  provided  for  the  said  company  as 
aforesaid,  shall  be  kept  in  some  safe  and  convenient  place,  to  be  desig- 
nated by  the  common  council,  and  the  said  fire  hooks  and  ladders  shall 
be  placed  on  carriages  provided  by  the  common  council,  so  that  they 
may  be  transported  to  any  part  of  the  city,  when  required  for  that  pur  • 


87 


pose ; and  the  said  company  shall  meet  once  a month,  at  the  place 
where  the  said  tools  and  instruments  are  required  to  be  deposited,  and 
the  captain  or  assistant  shall  examine  the  state  and  condition  of  the  said 
tools  and  instruments,  and  shall  cause  them  to  be  kept  in  a state  fit  for 
use  in  case  of  accidents  by  fire,  and  the  captain  or  assistants  shall  note 
all  absentees  from  fires,  or  from  the  monthly  meetings,  and  report  them 
to  the  common  council,  and  those  absent  in  cases  of  fires  which  may 
happen  in  this  city,  shall  be  subject  to  a fine  of  two  dollars  and  fifty 
cents. 

§ £3.  And  be  it  further  ordained,  That  all  the  members  of  the  hook, 
ladder  and  axe  company  shall  be  equipped  at  their  own  expense,  when- 
ever on  duty,  with  a hat  or  cap  painted  white,  and  having  painted  there- 
on, in  black,  an  axe,  hook  and  ladder,  under  penalty  of  one  dollar  for 
every  omission. 

§ £4.  And  be  it  further  ordained , That  there  shall  be  organized,  with- 
in the  limits  of  the  first  and  second  wards  of  this  city,  a hose  company, 
to  consist  of  six  persons,  one  of  whom  shall  be  captain,  to  be  chosen  and 
commissioned  as  the  captains  of  the  fire  engine  companies  are  herein 
before  directed  to  be  chosen  and  commissioned,  which  company  shall 
be  firemen,  and  under  the  same  restrictions,  penalties  and  regulations 
as  the  other  firemen  of  this  city  ; and  it  shall  be  their  duty,  on  the  alarm 
of  fire,  to  repair  to  the  place  of  the  fire  as  soon  as  possible,  together 
with  all  the  hose  belonging  to  this  city,  placed  on  a vehicle  to  be  pro- 
vided for  that  purpose  by  the  corporation  of  this  city,  and  to  screw  the 
said  hose  together  and  work  the  same,  under  the  direction  of  the  may- 
or, recorder,  aldermen  and  fire-wardens  of  this  city ; and  it  shall  also  be 
their  duty  to  be  and  remain  near  and  about  the  said  hose,  and  in  case 
any  accident  should  happen,  or  the  hose  should  break,  it  shall  be  their 
duty  to  repair  and  fix  the  same  as  soon  as  possible  ; and  the  said  com- 
pany shall,  as  often  as  twice  in  each  year,  and  oftener,  if  required  by 
the  fire-wardens,  grease  or  slush  the  said  hose,  and  keep  the  same  in 
good  order  for  immediate  use  ; and  if  any  person  or  persons  shall,  wil- 
fully, step  on,  or  injure,  or  disturb  the  said  hose,  while  in  use,  he  or 
they  shall  be  liable  to  a fine  of  two  dollars  for  each  and  every  offence. 

§ £5.  And  be  it  further  ordained,  That  when  any  alarm  of  fire  is  giv- 
en, it  shall  be  the  duty  of  the  members  of  the  common  council  and  the 
fire-wardens,  to  attend,  with  their  sashes,  and  from  time  to  time  give 
such  orders  as  may  to  them  appear  necessary,  and  when  required,  to 
repair  to  such  place  as  the  mayor,  or  in  case  of  the  absence  of  the  may-- 


or  from  the  fire,  the  recorder  for  the  time  being  may  order,  for  the  pur* 

pose  of  consultation. 

§ £6.  And  he  it  further  oi-dained,  That  whenever  any  accident  by  fire 
shall  happen,  within  the  limits  aforesaid,  every  person  possessing  any 
leather  bucket  or  buckets,  shall,  without  delay,  place  the  same  in  the 
street,  opposite  to  his  or  her  house,  or  cause  the  same  to  be  conveyed 
to  the  place  where  such  accidents  by  fire  shall  happen,  and  that  every 
person  neglecting,  delaying  or  refusing  so  to  do,  shall,  for  every  such 
neglect,  delay  or  refusal,  forfeit  and  pay  the  sum  of  one  dollar. 

§ 27.  And  he  it  further  ordained , That  the  mayor  of  this  city  shall 
license  so  many  proper  persons  as  he  may  think  fit,  for  the  purpose  of 
sweeping  the  chimneys  therein,  and  if  any  person  licensed  as  a chimney 
sweeper,  within  the  limits  aforesaid,  shall  neglect  or  refuse  to  sweep 
any  chimney  within  the  said  limits  for  the  space  of  forty-eight  hours  af- 
ter he  shall  have  been  personally  notified  to  sweep  the  same,  or  after 
notice  for  that  purpose  shall  have  been  left  at  the  usual  place  of  his  resi- 
dence, with  any  person  of  the  family  of  or  above  the  age  of  sixteen 
years,  the  person  so  neglecting  or  refusing  shall,  for  every  such  neglect 
or  refusal,  forfeit  and  pay  the  sum  of  one  dollar,  and  that  if  such  chim- 
ney sweeper  be  a servant,  his  master  or  mistress  shall  be  subject  to  the 
like  forfeiture  for  his  neglect  or  refusal ; and  no  person  not  licensed  as 
a chimney  sweep  shall  sweep  any  chimney  for  hire,  under  penalty  of 
two  dollars  for  every  offence. 

§ 28.  And  he  it  further  ordained,  That  a person  shall  be  appointed  in 
each  ward  as  a fireman,  and  not  attached  to  any  of  the  companies  afore- 
said, who  shall  be  called  a fire-warden,  who  shall  be  commissioned  by 
the  mayor,  under  his  hand  and  the  seal  of  this  city,  and  hold  his  office 
during  the  pleasure  of  the  common  council,  whose  duty  it  shall  be,  on 
any  alarm  of  fire,  to  repair,  forthwith,  to  the  place  of  fire,  and  remain 
near  the  same,  and  superintend  and  give  directions  to  suppress  it ; audit 
shall  be  the  duty  of  all  firemen,  and  members  of  the  hook,  ladder,  and  axe 
company  and  hose  company,  to  obey  the  directions  he  or  they  shall  re- 
ceive from  such  fire-warden,  if  practicable,  under  penalty  of  five  dollars 
for  every  neglect  or  refusal ; the  fire-warden  of  the  ward  in  which  the 
fire  may  be,  if  at  the  fire,  to  have  superiority  of  command. 

§ 29.  And  he  it  further  ordained,  That  it  shall  be  the  duty  of  the  said 
fire-wardens,  at  least  once  in  every  three  months,  and  oftener,  in  case 
they  deem  it  expedient,  not  exceeding  twice  a month,  to  meet  with  the 
several  companies  above  mentioned  and  carefully  examine  the  several 
fire  engines  and  other  tools  and  instruments  belonging  to  the  said  com- 


89 


panics,  and  report,  in  writing,  their  state  and  condition,  and  all  neces- 
sary alterations  and  improvements  in  the  fire  department  of  the  city, 
to  the  common  council,  and  to  inspect  the  members  of  the  said  compa- 
nies, and  report  those  who  are  deficient  in  their  badges,  and  also  the  ab- 
sentees from  the  said  meetings  ; and  the  captains  of  the  several  compa- 
nies above  mentioned  are  hereby  required  to  give  notice  to  the  said  fire- 
wardens of  the  time  and  place  of  their  stated  meetings,  which  time  the 
said  fire-wardens  shall  have  a right  to  alter,  in  case  any  two  companies 
have  fixed  their  meetings  for  the  same  day,  and  said  captains  and  com- 
panies shall  submit  their  fire  engines  and  other  tools  and  instruments 
for  the  extinguishing  of  fires,  and  badges,  to  the  examination  and  in- 
spection of  the  said  fire-wardens,  and  the  clerk  of  this  city  shall  deliver 
to  each  of  the  said  fire-wardens  a certified  list  of  the  members  of  each 
of  the  said  companies,  in  order  that  he  may  ascertain  the  absentees  from 
the  said  meetings. 

§ SO.  And  whereas,  in  the  opinion  of  this  common  council,  the  regu- 
lations hereinafter  made,  relative  to  blacksmiths’  shops,  coppersmiths’ 
shops,  furnaces  and  nail  manufactories,  within  this  city,  would  greatly 
tend  to  the  safety  of  the  citizens,  against  accidents  by  fire  : Therefore, 

Be  it  further  ordained , That  no  blacksmiths’  shop,  coppersmiths’ 
shop,  furnace  or  nail  manufactory,  hereafter  to  be  erected  within  this 
city,  shall  be  of  less  size  than  twenty -five  feet  by  twenty  feet,  and  nine 
feet  in  height,  between  the  floors,  with  a ground  floor,  and  that  if  any 
such  shop  or  manufactory  aforesaid  shall  hereafter  be  erected,  of  a less 
size  than  is  herein  before  mentioned,  or  without  having  a ground  floor 
therein,  and  shall  be  used  in  carrying  on  the  business  of  a blacksmith, 
coppersmith,  furnace  or  nail  manufacturer,  the  person  or  persons  who, 
or  whose  servants  or  agents  shall  use  the  same  for  any  or  either  of  the 
purposes  aforesaid,  shall,  for  every  day  that  the  same  shall  be  so  used, 
forfeit  and  pay  the  sum  of  one  dollar. 

§ 31.  And  be  it  further  ordained , That  from  and  after  the  passing  of 
this  act,  as  well  such  shops  and  manufactories  as  may  be  hereafter  erect- 
ed, as  all  such  shops  and  manufactories  as  are  already  erected,  before 
the  same  shall  be  used  for  any  or  either  of  the  purposes  aforesaid,  shall 
be  lined  with  brick  or  stone,  as  high  as  the  plate  or  floor,  on  both  sides 
thereof,  and  at  the  end  fronting  the  fire  place,  which  fire  place,  where 
one  or  more  bellows  is  or  are  made  use  of,  shall  be  erected  with 
a back  of  brick  or  stone,  not  less  than  seven  feet  wide,  with  a flue  over 
each  bellows,  to  begin  about  eighteen  inches  above  the  pipe  of  the  bel- 
lows, which  flue  shall  not  be  less  than  twenty-four  inches  in  breadth , 
M 


90 


and  shall  project  forward  at  least  nine  inches,  at  the  height  of  not  more 
than  three  feet  from  its  entrance,  and  shall  be  contracted  to  the  size  of  ten 
inches  by  five  inches,  at  which  height,  from  the  entrance  thereof,  such 
flue  or  flues  shall  be  conducted  into  a chimney,  no  part  of  which  shall 
be  of  a less  size  than  fourteen  inches  by  nine  inches,  and  shall  be  raised 
five  feet  above  the  roof  of  such  shop  or  manufactuory,  and  covered  over 
or  closed  at  the  top  with  brick,  sheet  iron  or  tin,  with  four  holes  in  such 
chimney,  about  twelve  inches  below  the  top,  each  of  which  holes  shall 
not  be  of  a less  size  than  nine  inches  by  seven  inches,  and  shall  have 
plates  of  tin  or  sheet  iron  fixed  therein,  with  holes  punched  therein,  in 
form  of  a lantern  : Provided  always,  that  any  chimney  in  any  such  shop 
or  manufactory  already  erected,  as  shall,  by  this  common  council,  be 
judged  sufficiently  safe  without  having  a flue  fixed  therein,  shall  and 
may  be  used  for  any  or  either  of  the  purposes  aforesaid,  upon  the  owner 
or  proprietor  of  such  shop  or  manufactory  having  obtained  a written  per- 
mit for  that  purpose,  signed  by  the  mayor  or  recorder,  or  any  two  of 
the  aldermen. 

§ S£.  And  be  it  further  ordained , That  no  cellar  under  any  blacksmith 
shop,  furnace  or  nail  manufactory  within  the  said  limits,  shall  be  used 
for  the  purpose  of  keeping  coals  or  other  combustibles  therein,  unless 
the  floor  of  such  shop  or  manufactory  be  covered  with  mortar,  made  of 
lime,  or  sand,  or  blue  clay  and  gravel,  to  the  depth  of  three  inches,  and 
a new  floor  laid  over  the  same,  in  as  close  and  secure  a manner  as  pos- 
sible u 

§ 33.  And  be  it  further  ordained , That  if  any  such  shop  or  manufac- 
tory shall  be  used  for  any  or  either  of  the  purposes  aforesaid,  without 
being  constructed  and  secured  in  the  manner  directed  in  and  by  the  two 
last  preceding  sections  of  this  law,  the  person  or  persons  who,  or  whose 
servants  or  agent  shall  so  use  the  same,  shall,  for  every  day  that  the 
same  shall  be  so  used,  forfeit  and  pay  the  sum  of  one  dollar. 


■oo 


A LAW  relating  to  the  City  Physician . 

Passed  June  £0,  1833. 

1.  City  physician  to  be  appointed ; compensation ; to  visit  and  prescribe" 
for  certain  paupers. — Proviso. 


91 


2.  To  report  to  common  council  and  attend  meetings  when  requested. 

3.  Provision  as  to  innoculation  of  paupers  with  kine  pock. 

Be  it  ordained,  by  the  Mayor,  Recorder  and  Aldermen  of  the  city  of 
Schenectady,  in  Common  Council  convened : 

§ 1.  That  a physician  shall  be  appointed,  during  the  pleasure  of  the 
common  council,  with  such  allowance  for  his  services  as  they  shall  deem 
reasonable,  whose  duty  it  shall  be  to  attend  the  sick  city  paupers  not  in 
the  alms-house,  to  visit  them  as  occasion  shall  require,'  and  administer 
to  them  such  medical  assistance  as  they  may  need,  and  to  direct  the 
manner  in  which  they  ought  to  be  treated  and  how  accommodated  dur- 
ing their  sickness  : Provided  always,  that  the  said  physician  shall,  from 
time  to  time,  advise  with  and  obtain  the  approbation  of  the  board  of 
magistrates,  or  of  the  common  council,  relative  to  the  mode  of  treat- 
ment and  the  accommodation  to  be  provided  for  the  sick,  so  that  the 
same  may  not  be  rendered  unnecessarily  expensive. 

§ 2.  And  be  it  further  ordained,  That  it  shall  be  the  duty  of  the  said 
physician  monthly  to  make  report,  in  writing,  to  the  common  council, 
of  the  health  of  the  paupers,  and  to  recommend  to  their  consideration 
such  measures,  in  relation  to  the  paupers,  as  he  may  deem  advisable, 
to  attend  the  meetings  of  the  common  council,  when  they  shall  request 
the  same,  and  give  them  such  information  as  may  be  required,  touching 
or  connected  with  the  duties  of  his  office. 

§ 3.  And  be  it  further  ordained,  That  the  said  physician  shall  keep 
himself  supplied  with  genuine  kine  pock  matter,  and  shall,  whenever  he 
is  allowed  so  to  do,  and  thinks  it  proper,  innoculate  therewith  the  said 
paupers,  or  any  of  their  family,  who  may  not  before  have  had  either  the 
kine  or  small  pox,  and  shall  give  proper  attendance  to  the  persons  so 
innoculated,  until  they  shall  recover  from  the  effects  of  the  disease,  for 
which  services  the  said  physician  shall  receive  a reasonable  compensa- 
tion, to  be  determined  by  the  common  CQunpil,  on  receiving  a report  of 
said  physician,  containing  the  names  of  the  persons  he  has  so  innocu- 
lated and  who  took  the  disease  in  consequence  thereof. 


92 


A LAW  relative  to  Public  Shows , and  Theatrical  or 
other  exhibitions. 

Passed  June  20,  1833. 

1.  Shows,  &c.  within  city,  except  by  license  from  mayor,  prohibited. — 
Penalty. 

2.  Mayor,  &c.  may  grant  licenses ; amount  to  be  received  for  same. 

3.  Fees  of  mayor  for  granting  licenses. 

The  Mayor,  Recorder  and  Aldermen  of  the  city  of  Schenectady , in 
Common  Council  convened,  do  ordain  as  follows : 

§ 1.  No  theatrical  or  other  exhibitions,  feats  of  horsemanship,  wire- 
dance,  or  public  shows  of  any  sort,  shall  be  performed  or  exhibited  with- 
in this  city,  nor  shall  any  owner  or  occupant  of  any  house,  out-house, 
yard  or  lot,  furnish  accommodations  for  any  such  performance  or  exhi- 
bition, without  a written  license  for  the  purpose,  from  the  mayor,  or, 
in  his  absence,  from  the  recorder  of  said  city  ; and  for  each  and  every 
offence  against  any  or  either  of  the  provisions  of  this  section,  the  per- 
son or  persons  so  offending  shall  forfeit  the  sum  of  twenty-five  dollars, 
to  be  recovered  with  costs,  in  an  action  of  debt,  in  the  name  of  the 
treasurer  of  this  city,  in  any  court  having  cognizance  thereof. 

§ 2.  Licenses  may  be  granted  by  the  mayor,  or,  in  his  absence,  by 
the  recorder  of  this  city,  for  all,  any  or  either  of  the  purposes  mention- 
ed in  the  preceding  section,  for  which  licenses  such  sum  or  sums  of 
money  may  be  exacted  and  received,  as  the  said  mayor  or  recorder 
may  deem  reasonable,  not  exceeding  the  sum  of  ten  dollars  for  any  one 
license. 

§ 3.  The  mayor  or  recorder  shall  be  entitled  to  retain,  out  of  the 
money  received  by  them  for  each  and  every  such  license,  to  be  granted 
by  either  of  them  as  aforesaid,  the  sum  of  seventy-five  cents,  and  shall 
pay  the  residue  thereof  to  the  treasurer  of  this  city. 


A LAW  to  repeal  certain  other  Laws. 

Passed  June  £0,  1833, 

Ail  previous  laws  within  purview  of  laws  of  this  date  repealed. 

Law  limited  in  its  operation. 

Be  it  ordained,  by  the  Mayor , Recorder  and  Aldermen  of  the  city  of 
Schenectady , in  Common  Council  convened : 

That  all  laws  passed  before  the  date  hereof,  which  come  within  the 
purview  or  operation  of  any  of  the  laws  passed  on  the  day  of  the  date 
hereof  shall  be,  and  the  same  are  hereby,  repealed,  from  and  after  the 
first  day  of  August  next,  at  which  time  said  laws  so  this  day  passed 
shall  be  in  force : Provided,  however,  that  such  repeal  shall  not  affect 
any  act,  right,  suit,  matter  or  thing  under,  or  by  virtue  of,  or  in  rela- 
tion to  such  laws,  heretofore  arising  or  existing,  but  that  the  same,  to 
such  intent,  shall  be  considered  in  full  force  and  effect. 


A LAW  relating  to  the  Public  Pound , Fences,  and  the 
running  at  large  of  Jlnimals. 

Passed  June  £0,  1833. 

1.  Pound  to  be  maintained;  keeper  to  be  appointed ; to  take  and  file  pre- 
scribed oath. 

2.  Two  fence-viewers  to  be  appointed  in  each  ward;  to  take  and  file  oath; 
duties,  powers  and  fees  of  pound-master  and  fence-viewers. 

3.  Partition  fences  how  to  be  made,  &c. ; disputes  as  to  same  or  other 
fences,  how  to  be  decided. 

4.  A fixed  portion  of  partition  fences  may  be  allotted  to  respective  owners. 

5.  Partition  fences  adjoining  vacant  lots,  how  to  be  maintained. 

6.  Height  of  partition  fences, — 7.  "When  to  be  deemed  sufficient. 

8.  Power  of  mayor,  &c.  to  direct  the  erection  of  fences. — 9.  What  to  be 
deemed  sufficient  service  of  notices  under  this  law ; where  two  appointments 
of  viewers  are  made,  first  in  point  of  time  to  be  acted  under. 

10.  Horses,  cattle,  &c.  not  to  run  at  large. 


94 


11.  Swine  not  to  run  at  large,  except  they  be  ringed. 

12.  High  constable  to  enforce  preceding  section. 

Be  it  ordained , by  the  Mayor,  Recorder  and  Aldermen  of  the  city  of 
Schenectady,  in  Common  Council  convened : 

§ 1.  That  a good  and  sufficient  pound  for  receiving  cattle  distrained 
damage  feasant,  shall  be  kept  and  maintained  within  the  said  city,  and 
the  common  council  shall  annually,  and  oftener,  if  necessary,  appoint, 
during  their  pleasure,  a keeper  thereof,  or  pound-mnster,  who  shall, 
before  he  enters  upon  the  duties  of  his  office,  take  and  subscribe  the 
oath  of  office  prescribed  in  the  constitution,  before  the  mayor,  recorder, 
an  alderman,  or  clerk  of  this  city,  and  file  said  oath  in  the  office  of  said 
clerk. 

§ 2.  And  be  it  further  ordained,  That  the  said  common  council  shall 
annualty,  or  oftener,  appoint  two  fence-viewers  in  each  ward  of  the 
said  city,  each  of  whom  shall  also,  before  he  enters  upon  the  duties  of 
his  office,  take  and  subscribe  the  oath  of  office  prescribed  by  the  consti- 
tution, before  the  mayor,  recorder,  an  alderman,  or  clerk  of  the  said  ci- 
ty, and  file  said  oath  in  the  office  of  the  said  clerk  ; and  the  said  pound- 
masters  and  fence-viewers,  both  severally  and  jointly,  shall  possess  the 
same  powers  and  be  subject  to  the  same  duties,  restrictions  and  penal- 
ties, and  entitled  to  the  same  fees,  as  the  pound-masters  and  fence- 
viewers  of  any  town  in  this  state  are  possessed  of,  subject  or  entitled 
to,  either  severally  or  jointly,  subject,  however,  to  any  regulations 
from  time  to  time  made  by  the  said  common  council,  according  to  law. 

§ 3.  And  be  it  further  ordained,  That  all  partition  fences  in  this  city 
shall  be  made  and  maintained  by  the  owners  of  the  land  on  each  side, 
each  party  to  make  and  keep  in  repair  one-half  part  thereof,  when  it 
can  be  conveniently  divided,  and  if  any  dispute  shall  arise  concerning 
the  division  of  the  fence  between  the  parties,  or  what  part  of  it  shall  be 
made  and  repaired  by  each  respectively,  or  concerning  the  sufficiency 
of  any  such  partition  fence,  or  its  want  of  repair,  or  the  sufficiency  of 
any  other  fence  in  the  said  city,  every  such  dispute  shall  be  determined 
by  a majority  of  any  three  of  the  fence-viewers  of  this  city  appointed 
for  the  purpose  by  the  mayor  or  recorder  of  the  city  ; and  where  any 
partition  fence  cannot  be  conveniently  divided,  the  same  shall  be  made 
and  kept  in  repair  at  the  joint  and  equal  expense  of  the  owners  of  the 
land  on  each  side  ; and  if  any  person  or  persons  who  ought  to  make  or 
repair  any  part  of  any  such  partition  fence,  shall  refuse  or  neglect  to  do, 
it  for  six  days  after  request  made  to  him,  her  or  them,  in  writing,  to  do 


it,  then  it  shall  be  lawful  for  the  person  or  persons  who  ought  to  make 
and  repair  the  other  part  thereof,  to  make  or  repair  the  whole,  under 
the  direction  of  any  two  of  the  fence-viewers  of  this  city,  and  to  reco  - 
ver one  half  the  expense  thereof  from  the  person  or  persons  respective- 
ly who  ought  to  have  made  or  repaired  the  half  of  such  fence,  and  who 
neglected  so  to  do. 

§ 4.  And  be  it  further  ordained , That  it  shall  be  lawful  for  a majority 
of  any  three  of  the  fence-viewers  appointed  for  the  purpose  by  the  may- 
or or  recorder,  in  case  of  dispute,  or  for  the  owners  by  mutual  consent, 
to  establish  or  designate  the  particular  part  or  portion  of  any  partition 
fence  which  such  owner,  separately,  and  not  jointly  with  the  other, 
shall  be  bound  to  make,  maintain  and  repair  at  his  own  expense,  and 
thenceforth  such  part  or  portion  shall  be  deemed  the  separate  fence  of 
the  party  to  whom  the  same  shall  be  allotted,  and  in  case  any  such 
part  or  portion  shall  be  out  of  repair,  the  party  who  ought  to  make  or 
repair  the  same  (after  request  made  in  the  manner  and  for  the  time  spe- 
cified in  the  preceding  section, ) shall  be  liable  to  pay  the  whole  expense 
of  making  or  repairing  the  same  unto  the  other  party,  who  shall  make 
or  repair  the  same,  provided  it  shall  be  made  or  repaired,  under  the  di- 
rection of  any  two  of  the  fence-viewers  of  the  city. 

§ 5.  And  be  it  further'  ordained , That  no  owner  or  proprietor  of  any 
vacant  lot  shall  be  compelled  to  contribute  to  the  expense  of  any  parti- 
tion fence,  until  such  lot  shall  be  actually  inhabited  or  occupied  by  such 
owner  or  proprietor,  or  some  person  under  him ; but  whenever  such  lot 
shall  be  so  actually  inhabited  or  occupied  as  aforesaid,  the  party  who 
shall  have  made  the  partition  fence  as  aforesaid  shall  be  entitled  to  sue 
for  and  recover  from  the  other  party  his  proportion  of  the  then  present 
value  of  such  fence,  to  be  ascertained  by  a majority  of  any  three  of  the 
fence-viewers  to  be  appointed  for  the  purpose  by  the  mayor  or  recor- 
der, provided  the  whole  value  of  such  fence  shall  not  be  estimated  at 
more  than  two  dollars  per  rod. 

§ 6.  And  be  it  further  ordained , That  no  partition  fence  within  the 
police  district  of  this  city,  shall  be  less  than  six  feet  in  height,  nor  in 
any  other  part  of  the  city  less  than  five  feet  in  height,  unless  the  own- 
ers shall  otherwise  agree,  or  unless  any  two  of  the  fence-viewers  of  the 
city,  after  hearing  the  parties,  shall  certify,  in  writing,  that  a fence  of 
less  height  is  sufficient : Provided , That  nothing  in  any  part  of  this  law 
contained,  shall  prohibit  any  owner  or  owners  of  a lot  from  raising  any 
part  of  a partition  fence  to  such  height  as  he,  she  or  they  may  think 
proper,  if  done  in  a strong  and  substantial  manner,  and  that  the  excess 


96 


above  the  required  legal  height,  be  done  at  his,  her  or  their  own  ex- 
pense. 

§ 7.  And  be  it  further  ordained , That  sufficient  partition  fences  in 
the  police  district  of  this  city,  shall  be  close  fences  of  wood,  and  in  oth- 
er parts  of  the  city,  shall  be  rail  fences  : Provided , however,  that  the 
owners  may  agree  that  partition  fences  of  different  description  shall  be 
made  between  their  lots  or  lands,  and  in  that  case,  disputes  relative  to 
the  fences  described  in  such  agreements  may  be  decided  by  fence-view- 
ers, as  disputes  respecting  legal  fences  are  above  directed  to  be  decided. 

§ 8.  And  be  it  further  ordained , That  the  mayor,  recorder,  or  any 
two  aldermen  of  this  city,  may  direct  the  owner  or  occupant  of  any 
ground,  or  any  house,  shed,  stable,  or  other  buildings  within  the  police 
district  of  this  city,  to  enclose  the  same,  or  such  part  thereof  in  the 
range  with  any  street,  by  such  sufficient  fence  as  the  said  mayor,  recor- 
der or  aldermen  shall  deem  proper,  subject,  however,  to  an  appeal  from 
such  direction  to  the  common  council,  and  in  case  such  direction  shall 
not  be  complied  with,  the  offender  shall  forfeit  a sum  not  exceeding 
twenty-five  dollars. 

§ 9.  And  be  it  further  ordained , That  it  shall  be  sufficient  service  of 
any  notice,  required  by  any  preceding  part  of  this  law  to  be  served  on 
any  owner  or  owners  of  any  premises,  to  deliver  such  notice,  directed 
to  such  owner  or  owners,  to  the  occupant  or  tenant  of  said  premises  in 
any  part  of  this  city,  or  to  any  other  person  of  suitable  age  and  discre- 
tion belonging  to  the  family  of,  or  in  the  service  of  such  tenant  or  occu- 
pant on  said  premises,  with  a request  that  such  notice  should  be  deli- 
vered to  the  said  occupant  or  tenant,  for  said  owner  or  owners ; and 
further,  when  either  the  mayor  or  recorder  may  appoint  or  select  fence- 
viewers,  under  this  law,  the  appointment  first  made  shall  be  the  one  to 
be  acted  under. 

§ 10.  And  be  it  further  ordained , That  it  shall  not  be  lawful  for  the 
owner  or  owners  of  any  horse,  bull,  cow,  or  horned  cattle  whatever,  to 
suffer  the  same  to  run  or  be  at  large  in  any  street  or  lane  of  this  city, 
within  the  police  district  thereof,  except  while  driving  such  animal  to 
or  from  its  pasture  or  watering  place,  or  to  or  from  one  enclosure  to 
another,  and  every  person  or  persons  wilfully  violating  this  law  shall 
forfeit  and  pay  a penalty  of  one  dollar  for  each  time  that  any  horse,  bull, 
cow,  or  other  horned  cattle  of  such  owner  or  owners  is  suffered  to  run 
or  be  at  large  in  any  street  or  lane  aforesaid,  except  as  aforesaid. 

§ 11.  And  be  it  further  ordained,  That  no  swine  of  any  description 
shall  be  suffered  or  permitted  to  be  or  run  at  large  in  any  street,  lane  or 


97 


highway  of  this  city,  unless  such  swine  be  ringed  in  the  nose  with  strong 
wire,  So  as  to  prevent  said  swine  from  rooting,  under  penalty,  upon  the 
owner  or  owners,  of  one  dollar,  for  each  time  any  swine  is  so  suffered  or 
permitted  to  be  or  run  at  large  in  any  such  street,  lane  or  highway, 
without  being  ringed  as  aforesaid. 

§ 12.  And  be  it  further  ordained , That  it  shall  be  the  special  duty  Of 
the  high  constable  to  attend  to  the  enforcement  of  the  last  two  pre- 
ceding sections  of  this  law. 


A LAW  relative  to  Grocers  and  Tavern  Keepers , and 
the  Licensing  of  them. 

Passed  July  2,  1833. 

1.  Application  for  license,  how  to  be  made. 

2.  Mayor  or  recorder  to  submit  written  applications  to  common  council, 
who  are  to  take  order  as  to  same. 

3.  License  to  be  sealed,  signed  and  delivered  by  mayor  or  recorder,  on  re- 
ceiving certain  monies  and  bond. 

4.  Mayor  or  recorder  to  deliver  and  pay  to  treasurer  such  bond  and  mo- 
nies, retaining  certain  fees;  to  report  to  common  council. 

5.  Record  of  applicants,  &c.  to  be  kept  by  clerk. 

6.  Licenses,  when  invalid. 

7.  High  constable  to  ascertain  and  report  violations  of  excise  law. 

The  Mayor,  Recorder  and  Aldermen  of  the  city  of  Schenectady , in 
Common  Council  convened,  do  ordain  as  follows : 

§ 1.  Any  inhabitant  of  the  cityof  Schenectady,  desirous  of  receiving 
a license  to  keep  an  inn  or  tavern,  and  to  sell  strong  and  spirituous  li- 
quors and  wines,  to  be  drank  therein,  or  to  sell  strong  and  spirituous  li- 
quors and  wines,  or  wines  alone,  in  quantities  less  than  five  gallons,  not 
to  be  drank  in  the  shops,  houses,  out-houses,  yards  or  gardens  of  such 
applicant,  commonly  called  a grocer’s  license,  shall,  in  order  to  obtain 
such  license,  signify  such  desire,  together  with  the  place  in  which  he 
or  she  proposes  to  carry  on  the  business  of  retailing  such  liquors  as 
aforesaid,  and  the  names  proposed  as  his  sureties,  in  writing,  to  the 
mayor,  or,  in  case  of  a vacancy  in  that  office,  to  the  recorder  of  the  said 
city,  or  to  the  common  council,  when  in  session. 

N 


98 


§ 2.  The  written  application,  so  received  by  the  mayor  or  recorder, 
shall  be  presented  by  him  to  the  common  council,  at  the  then  next  meet- 
ing  thereof,  that  the  said  common  council  may  take  order  as  to  granting 
the  license  applied  for,  and  determine  the  sum  required  to  be  paid  there- 
for by  the  applicant. 

§ 3.  The  mayor,  (or  the  recorder,  in  case  he  shall  at  the  time  act  as 
mayor,}  shall  affix  the  seal  of  the  corporation  to,  and  sign  and  deliver 
the  proper  license,  on  behalf  of  the  common  council,  to  such  of  the  ap- 
plicants therefor,  whose  application  the  common  council  shall  see  fit  to 
grant,  on  receiving  the  sum  of  money  required  to  be  paid  for  such  license, 
together  with  the  commissioners’  fee  for  signing  the  same,  and  on 
receiving  from  such  applicant  the  bond  in  such  case  required  by  law  to 
be  given,  with  such  surety  as  shall  have  been  approved  by  the  common 
council. 

§ 4.  The  mayor  or  recorder  shall  forthwith  deliver  to  the  treasurer 
of  this  city  all  such  bonds  so  taken  by  him,  and  also  pay  to  the  said 
treasurer  the  excise  money  required  to  be  paid  on  each  license  delivered 
by  him,  retaining  thereout  the  sum  of  twenty-five  cents  for  each  license 
delivered  by  him  as  aforesaid,  and  also  retaining  the  fee  directed  by  law 
to  be  paid  to  the  commissioners  of  excise,  and  shall,  at  each  meeting, 
report,  in  writing,  the  names  of  the  applicants  to  whom  he  has  deliver- 
ed a license  since  his  last  report,  and  when  the  same  was  so  delivered. 

§ 5.  The  clerk  shall  procure  a book,  ruled  in  columns,  with  a proper 
heading  to  each,  in  which  he  shall  enter  the  names  of  all  applicants  for 
licenses  to  retail  liquor,  whether  as  grocer  or  tavern  keeper,  the  names 
proposed  as  their  sureties,  whether  the  application  was  granted'  or  not, 
and  when,  the  sum  required  to  be  paid  for  such  license,  besides  the  com- 
missioners’ fee,  and  when  the  mayor  or  recorder  has  made  the  report 
before  mentioned,  it  shall  also  be  entered  in  said  book,  when,  according 
to  said  report,  the  license  was  delivered  ; and  said  book  shall  be  kept  by 
said  clerk  as  the  minutes  of  the  common  council  as  commissioners  of 
excise. 

§ 6.  No  license  to  sell  strong  or  spirituous  liquors,  or  wines,  to  be 
granted  by  the  mayor  and  common  council,  shall  be  of  any  validity,  un  - 
less the  excise  money  is  paid  therefor,  nor  shall  such  license  be  of  any 
validity  after  the  first  Tuesday  of  May  following  the  granting  thereof 
by  the  common  council,  nor  after  the  person  to  whom  the  same  is  grant- 
ed shall  cease  to  be  an  inhabitant  of  the  city  of  Schenectady. 

§ 7.  It  shall  be  the  special  duty  of  the  high  constable  to  ascertain  and 
report  for  prosecution,  every  psrson  who  shall  in  any  way  violate  the 
provisions  of  the  excise  law,  or  any  of  them. 


A LAW  to  form  a Board  of  Health. 

Passed  July  4,  1833. 

1.  Board  Constituted. 

2.  Quorum. 

3.  High  Constable  to  observe  directions  of  board ; City  Physician  to  at- 
tend, &c. 

4.  Members  to  receive  compensation. 

The  Mayor,  Recorder  and  Aldermen  of  the  city  of  Schenectady , in 
Common  Council  convened,  do  ordain  as  follows : 

§ 1.  That  the  Board  of  Health  for  the  city  of  Schenectady,  shall 
hereafter  consist  of  the  persons  composing  the  Common  Council  of  said 
city. 

§ 2.  Any  three  of  the  members  of  said  Board  of  Health,  together  with 
the  Mayor,  or  in  case  of  his  absence  from  the  city,  inability,  or  omis- 
sion, to  attend  the  meeting  of  said  board,  the  Recorder  of  said  city  shall 
constitute  a quorum,  to  transact  any  proper  business  of  said  board. 

§.3.  It  shall  be  the  duty  of  the  High  Constable,  to  observe  such  in- 
structions, and  execute  such  orders,  as  shall  be  given  him  by  said  board 
of  health ; and  it  shall  also  be  the  duty  of  the  city  Physician,  to  attend 
the  meetings  of  said  board,  and  communicate  such  information,  and 
perform  such  services  in  the  line  of  his  professional  duty,  as  may  be  re- 
quired of  him  by  said  board. 

§ 4.  A reasonable  compensation  shall  be  allowed  to  the  said  board  of 
health  and  to  their  officers  and  persons  employed  by  them,  to  be  from 
time  to  time  hereafter  determined. 


Jl  Law  relative  to  Weights  and  Measures , and  the  du- 
ties and  fees  of  the  Examiner  thereof . 

Passed  August  6,  1833. 

1.  Examiner  to  be  appointed,  and  to  have  charge  of  public  standards. 


100 


2.  All  weights,  &c.  to  be  conformed  to  legal  standard.  Examiner  to 
m aite’p  eriodicai' inspection . 

3.  His  fees. 

4.  Weights  &c.  to  be  submitted  to  his  inspection.  To  examine  on  in- 
formation. 

5.  Provision  in  case  measures  are  found  defective  dec. 

6.  Finding  of  defective  scales  &c.  evidence  of  use.  Principal  liable  for 
agent. 

7-  Oath  of  examiner.  Neglect  of  duty. 

8.  Duty  as  to  retailers  of  milk,  fruit,  &c. 

The  Mayor,  Recorder  and  Aldermen  of  the  city  of  Schenectady , in 
Common  Council  convened , do  ordain  as  follows  : 

§ 1.  An  examiner  of  weights  and  measures  for  the  said  city,  shall  be 
from  time  to  time  appointed  by  the  Common  Council,  who  shall  hold  his 
office  during  their  pleasure,  which  said  examiner  shall,  during  his  con- 
tinuance in  office,  have  the  possession  and  care  of  the  public  beams 
weights  and  measures,  regulated  agreeable  to  the  law's  of  this  state,  and 
provided  or  to  be  provided  for  his  use,  at  the  expense  of  the  said  city, 
for  which  he  shall  sign  and  deliver  to  the  Clerk,  to  be  filed  in  his  office, 
a descriptive  receipt,  and  the  said  beam,  weights  and  measures,  and 
other  apparatus  so  provided,  shall  be  delivered  by  such  examiner  to 
his  successor,  who  shall  sign  and  file  therefor,  a like  receipt.  And  in 
case  such  beam,  weights  or  measures,  or  any  of  them,  shall  prove  de- 
fective, be  lost  or  injured  without  the  neglect  of  said  examiner,  the 
same  shall  be  repaired  and  supplied  at  the  public  expense,  but  other- 
wise the  said  examiner  shall  repair  and  supply  the  same  at  his  own  ex- 
pense. 

§ £.  No  scale  beam,  weight,  measure,  or  steel-yard  (apothecaries’ 
weights  excepted)  shall  be  used  or  kept  by  any  person  for  the  purpose 
of  buying  or  selling  within  the  city  of  Schenectady,  unless  the  same  is 
conformable  to  law,  and  duly  stamped  or  marked,  or  which  shall  have 
been  duly  inspected  and  corrected,  if  necessary,  under  penalty  of  one 
dollar  for  each  time  any  weight,  measure  or  beam  is  so  used  without 
being  so  stamped  or  marked,  or  inspected  and  corrected  ; and  the  said  ex- 
aminer shall,  at  least  once  in  every  six  months  and  oftener  if  the  common 
council  shall  deem  the  same  necessary,  visit  the  markets  and  all  stores, 
shops  and  other  places  within  this  city,  where  weights,  steel-yards  or 
measures  are  kept  and  used,  and  examine  and  inspect  the  same,  and  al- 
so all  measures  delineated  or  marked  upon  any  counter,  desk,  seat,  or 
upon  any  fixture : and  in  case  any  scale,  scale  beam,  weight, 


101 


steel-yard  or  measure  be  found  not  agreeable  to  law,  he  shall  forthwith 
cause  the  person  in  whose  possession  or  in  whose  store  or  shop  the 
same  may  be,  to  be  prosecuted  according  to  law ; and  the  said  examin- 
er shall  inspect  all  weights,  steel-yards,  scales,  scale-beams  and  meas- 
ures which  shall  be  produced  to  him,  and  he  shall  mark  all  such  as 
shall  be  found  or  made  correct  and  conformable  to  the  legal  standard 
of  the  state  of  New-York. 

§ 3.  From  and  after  the  first  day  of  October  next,  the  said  examin- 
er shall  be  entitled  to  the  following  fees  and  compensation,  that  is  to 
say  : For  the  examination  or  inspection  and  marking  of  every  scale  beam, 
or  steel-yard,  twelve  and  a half  cents,  for  the  examination  or  inspec- 
tion, and  marking  measures  of  extension,  at  the  rate  of  twelve  and  a 
half  cents  per  yard, ; for  the  examination  and  marking  every  weight, 
three  cents  ; for  the  examination  and  marking  liquid  and  dry  measures* 
if  the  same  be  of  the  capacity  of  a gallon  or  more,  twelve  and  a half 
cents  ; if  less  than  a gallon  three  cents.  He  shall  also  be  entitled  to 
reasonable  compensation  for  making  such  weights  and  measures  con- 
form to  the  legal  standard  of  said  state.  But  it  is  hereby  expressly  or- 
dained and  declared,  that  it  shall  be  the  duty  of  the  said  examiner  to 
examine  and  seal  all  scale-beams,  steel-yards,  weights  and  measures  of 
any[inhabitant  of  the  city  of  Schenectady,  that  shall  be  delivered  to  him 
before  the  first  day  of  October  next,  for  examination  at  his  shop  or 
place  of  business,  and  found  to  be  or  made  by  him  correct,  without  any 
other  charge  than  a reasonable  compensation  for  correcting  such  of 
them  as  may  require  correction ; and  the  said  examiner  shall  have  a 
lien  on  any  such  beam,  weight,  measure  or  steel-yard,  until  his  said  fees 
are  paid,  and  may  also  prosecute  in  his  own  name  and  recover  such  fees, 
with  costs,  from  the  possessor  or  owners  of  such  beam,  weight,  measure 
or  steel-yard,  or  the  occupant  of  the  store,  shop,  stall  or  place  in  which 
the  same  were  found  or  used,  or  from  the  person  employing  the  said  ex- 
aminer. 

§ 4.  It  shall  be  the  duty  of  every  person  using  weights  or  measures, 
or  a scale,  scale-beam  or  steel-yard,  by  or  with  which  he  or  she,  or 
any  person  in  his  or  her  employ,  either  weighs  or  measures  for  the 
purpose  of  buying  or  selling,  to  produce  and  submit  to  the  inspection  of 
the  examiner,  on  demand,  at  any  reasonable  hour  of  the  day,  every  such 
scale,  scale-beam,  weight,  measure  or  steel-yard,  under  penalty  of  one 
dollar  for  the  first  refusal,  and  of  two  dollars  for  the  second  refusal, 
and  five  dollars  for  each  subsequent  refusal.  And  it  shall  be  the  duty 
of  the  said  examiner  to  require  the  submitting  of  any  weight,  measure, 


scale,  scale-beam  or  steel-yard  to  his  examination  and  to  examine  the 
same  whenever  he  shall  have  reasonable  ground  to  believe,  or  be  in- 
formed, by  the  complaint  of  any  credible  citizen,  that  such  weights, 
measure,  scale,  scale-beam  or  steel-yard,  is  or  are  in  use  without  being 
correct,  or  without  having  been  examined  and  marked. 

§ 5.  If  upon  examination  of  any  scale,  scale-beam,  weight  or  meas- 
ure, it  shall  not  be  found  to  conform  to  the  proper  standard,  the  said  ex- 
aminer shall  notify  the  owner  or  possessor  of  such  scale,  scale-beam, 
weight  or  measure,  or  the  occupant  of  the  house  or  store,  or  the  place 
where  the  same  was  found,  of  such  non-conformity,  and  thereafter  it 
shall  not  be  lawful  to  use  the  same  by  or  with  which  to  weigh  or  meas- 
ure, for  the  purpose  of  buying  or  selling,  until  it  be  made  to  conform  to 
the  legal  standard,  or  be  corrected  and  marked  by  the  said  examiner 
under  penalty  of  five  dollars,  for  every  offence,  besides  damages  to  any 
party  aggrieved. 

§ 6.  If  any  scale,  scale-beam,  weight  measure,  or  steel-yard  shall  be 
found  not  agreeable  to  the  legal  standard,  in  any  store,  shop  or  other 
place  where  a scale,  weights,  measures  or  a steel-yard  is  or  are  used 
for  the  purpose  of  weighing  or  measuring,  in  buying  or  selling,  the  fact 
of  such  finding  shall  be  prima  facie  evidence  of  the  owner  or  occupant 
having  used  the  same,  and  the  use  of  any  scale,  weight,  measure,  beam 
or  steel-yard,  which  by  its  defects  or  variance  from  the  legal  standard, 
might  prejudice  any  person,  by  any  clerk,  servant,  agent  or  appren- 
tice, shall  render  his  or  her  master,  mistress  or  principal,  liable  for  any 
penalty  above  prescribed,  in  the  same  manner  as  if  such  use  had  been 
by  the  master,  mistress  or  principal. 

§ 7.  The  said  examiner  shall,  before  he  enters  upon  the  duties  of  his 
office,  take  and  subscribe,  before  the  Mayor,  Recorder  or  Clerk  of  the 
Common  Council,  the  oath  of  office  prescribed  by  the  constitution,  which 
oath  shall  be  filed  in  the  office  of  the  said  clerk,  immediately  after  it 
shall  be  so  taken  and  subscribed,  and  in  case  of  any  neglect  of  duty  or 
mal-practice  in  the  said  examiner  in  his  said  office,  he  shall  forfeit  and 
pay  a penalty  of  ten  dollars  for  every  offence,  to  be  prosecuted  for  and 
recovered,  as  other  penalties  imposed  by  ordinances  of  this  Common 
Council  are  directed  to  be  prosecuted  for  and  recovered,  besides  being 
liable  to  damages  to  the  party  aggrieved. 

§ 8.  It  shall  be  the  especial  duty  of  the  said  examiner,  to  see  that  all 
retailers  and  sellers  of  milk,  beer,  ale,  cider  and  vinegar  by  the  gallon, 
quart  or  less  quantity,  and  all  retailers  and  sellers  of  apples,  pear*. 


10S 


cherries,  strawberries,  whortleberries,  raspberries  or  other  fruit  of  any 
kind,  do  sell  and  measure  the  same  by  such  measures  as  are  prescribed 
by  the  laws  of  the  state  of  New- York,  and  by  the  ordinances  of  this 
Common  Council,  and  if  they  do  not  measure  and  sell  by  such  meas- 
ure or  measures  the  said  examinershall  cause  him,  her  or  them  so 
measuring  or  selling  contrary  to  this  ordinance,  to  be  prosecuted  ac- 
cording to  law. 


A Law  relating  to  Officers  and  their  duties. 

Passed  August  16,  1833. 

1.  City  officers  to  be  appointed  by  the  Common  Council,  and  when,  &c. 

2.  Oath  of  office  and  compensation  of  certain  officers. 

3.  4.  5.  6.  7.  Duties  of  City  Clerk  prescribed. 

8.  9.  10.  11.  12.  13.  Duties  of  City  Treasurer. 

14.  Duties  of  Marshal. 

15.  16.  17.  Duties  of  City  Superintendant  of  streets  and  highways, 

18.  Duties  of  High  Constable. 

19.  High  Constable  to  have  the  preference  as  to  the  service  of  certain  pro" 

cess, 

20.  21.  22.  As  to  the  duties  of  Lamp-lighter. 

23.  Injury  to  lamps  &c.;  penalty  for. 

24.  Provision  for  lighting  lamps  erected  by  individuals. 

25.  26.  Duties  of  Regulator  of  City  Clock. 

27.  28.  29.  Duties  of  Common  Cryer. 

30.  Duties  and  fees  of  Inspector  and  Measurer  of  wood. 

31.  Inspector  only  to  measure  wood — penalty — proviso. 

32.  Accounts  of  City  officers,  presentation  and  allowance  of. 

The  Mayor , Recorder  and  Aldermen  of  the  city  of  Schenectady,  in 
Common  Council  convened , do  ordain  as  follows  : 

§ 1.  The  Common  Council  shall  annually  appoint,  on  the  first  Tues- 
day of  May,  as  officers  in  said  city,  one  clerk,  one  treasurer,  one  mar- 
shal, one  city  superintendant  of  streets  and  highways,  one  high  consta- 
ble, one  overseer  of  the  poor,  one  or  more  pound  masters,  four  fence 
viewers,  a board  of  magistrates,  to  consist  of  three  persons,  each  of 
whom  shall  be  either  a justice  of  the  peace  or  an  alderman,  an  attorney  and 


104 


counsel  of  the  board,  a city  physician,  a superintendant  of  the  market, 
a city  printer,  and  two  inspectors  of  chimneys,  who  shall  hold  their  of- 
fices for  one  year,  and  until  others  are  appointed  in  their  place,  and 
shall  also,  on  said  first  Tuesday  of  May,  or  at  such  other  time  or  times 
as  the  said  common  council  shall  determine,  or  as  shall  become  neces- 
sary, appoint  an  examiner  of  weights  and  measures,  a weigher  of  hay, 
a lamp-lighter,  two  fire-wardens,  so  many  firemen  as  they  think  proper, 
a regulator  of  the  city  clock,  a wood  inspector,  a measurer  of  lime,  and 
such  other  measurers,  inspectors  and  guagers  as  shall  be  thought  ne- 
cessary, a bell  ringer,  and  a common  cryer,  each  of  whom  shall  hold  his 
office  during  the  pleasure  of  the  said  common  council. 

§ 2.  Each  of  the  said  officers,  except  the  bell-ringer  and  common 
cryer,  so  appointed,  shall,  before  he  enters  upon  the  duties  of  his  office 
take  and  subscribe  the  oath  of  office  prescribed  in  the  constitution,  and 
file  the  same  in  the  office  of  the  clerk  of  the  said  city,  and  shall  receive 
such  compensation  by  way  of  salary  or  fees,  as  is  allowed  by  any  act 
of  the  legislature,  or  by  the  said  common  council,  for  which  they  shall 
severally  perform  the  duties  incident  to  their  respective  offices,  wheth- 
er prescribed  by  act  of  the  legislature,  by  this,  or  any  other  ordinance 
of  the  said  common  council. 

§ 3.  In  addition  to  the  duties  imposed  upon  the  clerk,  by  any  act  of  the 
legislature  he  shall  preserve  and  safely  keep  methodically  arranged,  all 
such  books,  deeds,  vouchers,  memorandums  and  papers,  the  property 
of  the  mayor,  recorder,  aldermen  and  commonalty  of  the  city  of  Sche- 
nectady, or  relating  to  their  affairs,  which  now  are  in,  or  hereafter  shall 
come  to  his  hands  and  possession,  as  clerk  of  the  common  council,  and 
which  he  shall  not  have  been,  or  hereafter  be  directed  to  hand  over  to 
some  other  officer  or  person. 

§ 4.  He  shall  deliver  to  the  city  treasurer,  the  map  and  field  books, 
or  notes  of  all  surveys,  that  now  are,  or  hereafter  may  be  made  of  the 
lands,  the  property  of  the  said  mayor,  recorder,  aldermen  and  common- 
alty of  the  city  of  Schenectady,  and  also,  all  leases,  deeds  and  agree- 
ments made  by,  to,  from  or  between  the  said  corporation,  and  belong- 
ing to  it,  to,  or  from  any  other  person  or  persons  whomsoever,  immedi- 
ately after  the  execution  of  such  instruments,  and  take  the  receipt  of 
said  treasurer  for  the  same.  He  shall  also  deliver  to  the  treasurer,  with- 
in twenty-four  hours  after  every  adjournment  of  the  common  council,  a 
copy  of  every  resolution  for  the  payment  of  any  sum  of  money,  and  also 
deliver  every  original  account  and  its  vouchers,  if  any,  which  may  be 
presented  to  the  common  council,  and  be  allowed,  with  a memorandum 
thereon  to  be  made  by  him  of  such  allowance. 


10* 


§ 5.  He  shall  inform  all  such  persons,  that  may  be  appointed  to  any 
office  or  duty  by  this  common  council,  or  who  shall  be  elected  to  any 
office  within  this  city,  by  virtue  of  any  act  of  the  Legislature,  and  the 
return  of  which  election  shall  be  made  to  the  common  council,  or  filed 
in  the  office  of  the  said  clerk,  by  notice  in  writing,  of  such  appointment 
or  election. 

§ 6.  He  shall  furnish  the  chairman  of  every  committee  to  whom  any 
subject  may  be  referred,  with  the  names  of  the  persons  composing  such 
committee,  together  with  all  the  papers  relating  to  the  subject,  and  with 
a copy  of  the  resolution  for  the  reference  of  the  subject  to  such  com- 
mittee. 

§ 7.  He  shall  record  all  by-laws  and  ordinances  of  the  common  coun- 
cil, in  a separate  book  from  the  book  of  minutes,  and  shall  furnish  the 
printer  with  a copy  of  all  laws,  resolutions  or  other  proceedings  of  the 
common  council,  directed  to  be  published  or  printed,  and  superintend  the 
printing  of  the  same. 

§ 8.  The  person  appointed  to  the  office  of  treasurer  shall  at  or  before 
the  next  meeting  of  the  common  council,  which  shall  be  held  at  least 
ten  days  after  his  appointment,  take  the  oath  of  office,  and  submit  to  the 
common  council,  for  their  approbation,  the  bond,  with  such  sureties  as 
is  required  by  law  to  be  given  by  said  treasurer,  before  he  enters  upon 
the  duties  of  his  office,  and  in  case  he  neglects  to  take  such  oath  or 
give  such  bond,  it  shall  be  deemed  a refusal  to  accept  said  office,  and 
the  common  council  may  thereafter  elect  another  person  as  Treasurer. 

§ 9.  All  deeds,  conveyances,  leases,  mortgages,  bonds,  obligations, 
notes  and  assurances  for  money,  given  or  belonging  to  said  corporation, 
and  all  maps,  surveys  and  field  books,  and  other  instruments  of  writing, 
relating  to  real  or  personal  estate  of  the  said  corporation,  (except  maps, 
surveys  and  field  books,  relating  to  streets  and  highways)  shall  be  de- 
posited and  kept  in  the  office  of  the  treasurer,  and  he  shall  not  allow 
any  such  instrument  or  paper  to  be  taken  from  his  office  by  any  person 
without  the  order  of  the  Common  Council,  nor  without  taking  a receipt 
therefor,  and  all  monies  which  shall,  from  time  to  time,  become  due  to 
the  said  corporation,  on  any  lease,  bond,  mortgage,  obligation,  note,  or 
other  assurance  for  money,  and  all  fines,  forfeitures,  and  penalties,  enact- 
ed by  any  law  of  this  Common  Council,  and  collected  after  suit,  or  oth- 
erwise, shall  be  paid  to  the  said  Treasurer,  for  the  use  of  the  said  Cor- 
poration, 

§ 10.  He  shall,  at  the  first  meeting  of  the  Common  Council  in  each 
month,  prepare  and  lay  before  the  Common  Council,  a statement  of  the 
O 


105 


receipts  into,  and  expenditures  from,  the  treasury,  since  the  date  of  hi* 
then  last  report,  and  of  the  cash  then  in  the  treasury,  which  statement 
shall  be  filed  with  the  clerk. 

§ 11.  It  shall  be  the  duty  of  the  Treasurer,  to  call  for  payment  on  all 
persons  who  may  be  indebted  to  the  corporation  for  principal  or  interest 
on  any  contract,  or  who  have  been  entrusted  with,  or  who  have  receiv- 
ed any  monies  belonging  to  the  said  corporation,  and  who  shall  not 
have  accounted  for  the  same,  including  officers  of  the  corporation  as 
well  as  other  persons,  to  settle  their  accounts  : and  he  shall  report  to 
the  common  council,  from  time  to  time,  the  names  of  all  delinquents, 
with  the  nature  of  the  debt  and  delinquency. 

§ 12.  The  Treasurer  shall  open  accounts,  in  proper  account  books, 
with  every  person,  debtor  or  creditor,  to  the  corporation,  by  specialty 
or  otherwise,  which  books  shall  be  properly  posted  at  least  once  every 
quarter  of  a year,  reckoning  from  the  time  of  his  appointment.  He  shall 
also  open  and  keep  constantly  written  up,  a cash  account  of  receipts  and 
expenditures,  in  which  shall  be  briefly  specified,  the  source  of  the  re- 
ceipt, and  the  object  of  the  expenditure,  with  a reference,  by  number, 
to  the  voucher.  He  shall  also  open  separate  accounts,  in  relation  to 
receipts  and  expenditures  for  the  poor,  for  lamps  and  watch,  for  streets 
and  highways,  and  in  relation  to  any  other  matler  of  expenditure  or 
receipt,  by  the  common  council,  which  the  said  common  council  shall 
at  any  time  see  fit  to  direct.  He  shall  not  pay  any  money  from  the 
treasury,  except  on  a resolution  of  the  common  council,  which  resolu- 
tion, certified  by  the  clerk,  together  with  the  original  account,  if  one 
has  been  presented  to  the  common  council,  and  a receipt  for  the  money 
paid,  shall  be  his  vouchers. 

§ 13.  The  Treasurer  shall  attend  at  his  office,  for  the  transaction  of 
business,  a reasonable  time  every  week,  and  his  books  shall,  at  all  such 
times,  be  open  to  the  inspection  of  any  member  of  the  common  council, 
and  he  shall,  if  required  by  resolution  of  the  common  council,  furnish 
information,  in  writing  or  otherwise,  relative  to  the  funds  of  the  corpo- 
ration, or  of  any  account  or  transaction  between  the  debtors  or  credit- 
ors of  the  corporation,  and  the  said  corporation,  which  he  may  be  able 
to  furnish  from  his  own  knowledge,  or  from  any  document  in  his  office. 

§ 14.  The  Marshal  shall  prepare  and  keep  in  order  the  room  for  the 
meeting  of  the  common  council,  by  having  the  same  cleaned,  lighted 
and  warmed,  whenever  it  shall  be  required.  He  shall  procure  candle* 
and  firewood  for  the  use  of  the  common  council  room,  and  have  the 
»ame  at  all  times  ready  for  use.  He  shall  give  due  notice  of,  and  at- 


107 


tend  every  meeting  of  the  common  council,  and  shall  be  the  official 
messenger  of  the  mayor  or  recorder,  or  the  chairman  of  any  committee 
of  the  board,  in  giving  any  other  notice  in  relation  to  the  business  of  the 
city,  which  it  may  not  be  the  special  duty  of  some  other  officer  to  give, 
and  also  perform  such  other  services  as  shall  hereafter  be  required  of 
him,  by  any  ordinance  or  resolution  of  the  common  council. 

§ 15.  The  city  Superintendant  of  streets  and  highways  shall  cause 
such  work  and  repairs  to  be  made  and  done  to  the  streets  and  roads  in 
this  city,  and  iu  such  manner  as  the  common  council  of  said  city,  or  the 
standing  committee  on  streets,  roads  and  bridges,  shall  from  time  to 
time  direct  and  require. 

§ 16.  It  shall  be  the  further  duty  of  the  said  Superintendant,  to  keep 
a just  and  true  account  of  all  expenses  to  be  incurred  by  him,  in  the 
discharge  of  the  duties  of  his  office,  and  once  in  every  month  to  deliver 
to  the  said  standing  committee,  to  be  by  them  audited  and  reported  to 
the  said  common  council,  an  accurate  account,  in  detail,  of  the  work 
done,  the  persons  employed,  and  the  expenses  incurred  by  him  during 
the  preceding  month ; and  further,  that  the  said  superintendant,  in  the 
employment  of  laborers  to  assist  him  in  the  performance  of  the  work 
and  repairs,  which  he  shall  from  time  to  time  be  directed  and  required 
to  have  done,  shall  pay  strict  regard  to  the  fitness,  industry  and  sobriety 
of  the  persons  to  be  employed  by  him. 

§ 17.  In  any  and  every  case  in  which  any  of  the  owners  or  occupants  of 
any  houses,  buildings  or  lots  fronting  any  of  the  streets  of  this  city,  which 
by  any  by-law  or  ordinance  already  passed  or  hereafter  to  be  passed, 
shall  have  been  or  may  hereafter  be  directed  to  be  pitched,  levelled, 
paved,  flagged  or  otherwise  improved,  shall  not  have  complied  with  the 
requisitions  of  any  such  by-laws  or  ordinances,  within  the  time  or  times 
therein  respectively  limited  for  the  purpose,  it  shall  be  the  duty  of  said 
superintendant,  as  soon  as  practicable  after  the  expiration  of  the  time 
limited  in  and  by  such  by-law  or  ordinance  respectively,  with  the  con- 
sent and  approbation  in  writing,  of  the  said  committee,  to  cause  the 
streets  or  side-walks  in  front  of  the  houses,  buildings  or  lots,  of  the 
several  owners  or  occupants  so  neglecting  or  refusing  to  comply  as 
aforesaid,  to  be  conformed  to  the  requisitions  of  such  ordinances  re- 
spectively, and  the  said  superintendant  shall  produce  to  the  common 
council  an  account,  certified  under  his  oath  of  office,  of  the  expenses 
incurred  in  conforming  the  streets  or  side-walks  in  front  of  the  houses, 
buildings  or  lots  of  the  several  owners  or  occupants,  so  neglecting  or 
refusing  as  aforesaid,  to  the  end,  that  upon  the  allowance  and  pay- 


103 


tnent  theroof  by  the  «aid  cornmon  council,  the  same  may  be  collected 
or  recovered  from  such  owners  or  occupants  according  to  law. 

§ 18.  The  high  constable  shall  attend  daily,  and  oftener  if  required » 
at  the  Mayor’s  office,  to  receive  his  directions  as  to  any  matters  rela- 
ting to  the  police  and  good  order  of  the  city,  and  he  shall  also  attend 
daily  at  the  office  of  the  board  of  magistrates,  to  receive  the  orders  of 
the  said  board,  or  of  the  acting  magistrate,  and  to  report  to  said  board 
every  violation  of  the  ordinances  of  the  city  and  laws  of  the  state,  which 
the  high  constable  shall  observe  within  the  city. 

§ 19.  The  said  high  constable  shall  be  entitled  to  receive  all  process 
issued  by  the  board  of  magistrates,  police  justices,  or  any  of  them  re- 
lative to  the  poor,  or  in  any  suit  or  on  any  complaint  for  violation  of 
any  corporation  ordinance,  or  of  any  act  of  the  legislature  of  the  state 
of  New- York,  specially  relating  to  the  city  of  Schenectady,  in  prefer- 
ence to  any  other  constable  of  the  said  city. 

§ £0.  The  lamp-lighter  shall,  under  the  direction  of  the  lamp  com- 
mittee, light  the  lamps  of  this  city  every  night  between  the  third  night 
after,  and  the  fifth  night  before  each  full  moon,  and  on  any  other  night 
that  the  chairman,  or  in  his  absence  any  two  members  of  said  committee 
may  direct,  and  shall  commence  lighting  at  sun  set,  and  for  every  neg- 
lect or  refusal  of  duty,  and  for  every  lamp  neglected  to  be  lighted,  the 
lamp-lighter  so  neglecting,  shall  forfeit  fifty  cents. 

§ 21.  The  lamp-lighter  shall  keep  the  lamps  clean  and  well  trimmed 
and  supplied  with  oil  every  day,  when  it  is  requisite  to  light  the  same, 
and  also  the  lanterns  and  lamp-posts  clean  and  in  good  order,  at  all 
times,  and  whenever  the  same  or  either  of  them  are  cast  to  one  side,  or 
in  any  way  injured,  he  shall  forthwith  report  the  same  to  the  chairman 
of  the  lamp  committee,  who  shall  cause  the  same  to  be  put  in  good 
order  without  delay.  It  shall  be  the  duty  of  the  lamp-lighter  to  make 
diligent  inquiry  for  the  names  of  any  person  or  persons  who  may.haye 
caused  any  injury  to  any  lamp,  lantern  or  lamp-post,  to  the  end,  that 
the  offenders  may  be  brought  to  justice,  but  if  such  injury  or  accident 
shall  have  been  occasioned  by  the  neglect  or  inattention  of  the  lamp- 
lighter, or  any  of  his  servants  or  agents,  in  shutting  or  fastening  the 
door  or  otherwise,  the  same  shall  be  repaired  at  the  expense  of  the  said 
lamp-lighter,  and  the  expense  deducted  out  of  his  wages,  or  otherwise 
recovered  from  him. 

§ ££.  The  lamp-lighter  may  employ  any  agent  or  servant  to  assist 
him  in  any  of  his  duties,  with  the  approbation  of  the  lamp  committee, 
but  the  lamp-lighter  shall  in  all  cases  be  responsible  for  the  acts  and 
omissions  of  the  person  or  persons  employed  by  him. 


lot 

§ 23,  If  any  person  shall  .break,  pull  do\vn,  or  in  any  other  manner 
wilfully  injure  any  lamp,  lantern  or  laqip-post,  placed  for  use  in  any 
street  of  this  city,  such  person  shall,  besides  being  liable  to  any  other 
suit  or  prosecution  allowed  by  law,  be  subject  to  the  penality  of  five 
dollars. 

§ 24.  Whenever  any  person  shall  erect  a lamp-post,  and  affix  there- 
on a proper  lantern  and  lamp  to  the  satisfaction  of  the  lamp  committee, 
and  keep  the  same  in  repair,  he  shall  have  the  same  lighted  by  the 
lamp-lighter  in  the  same  manner  in  which  the  city  lamps  are  usually 
lighted,  on  such  person  paying  annually,  in  advance,  to  the  chairman 
of  the  lamp  committee,  to  be  by  him  paid  into  the  Treasury,  the  price 
of  the  oil  required  for  such  lamp. 

§ 25.  It  shall  be  the  duty  of  the  regulator  of  the  city  clock,  to  wind, 
regulate  and  clean  the  same,  as  often  as  it  shall  become  necessary,  and 
it  shall  be  his  further  duty,  whenever  the  said  clock  shall  require  re- 
pairs, to  report  the  same  to  the  Mayor  of  the  city,  and  take  his  orders 
relative  to  the  propriety  of  having  such  repairs  made,  without  consult- 
ing the  common  council,  and  no  repairs  shall  be  made,  the  cost  of  which 
shall  exceed  five  dollars,  without  the  previous  order  of  the  said  com- 
mon council.  If,  in  making  any  repairs  to  the  said  clock,  any  of  the 
old  machinery  or  materials  shall  be  taken  and  kept  out,  it  shall  be  the 
further  duty  of  the  regulator  of  said  clock,  to  account  with  the  Treas- 
urer for  the  value  of  such  old  material  or  machinery. 

§ 26.  The  bell  ringer  shall  ring  such  bell  as  he  shall  be  directed,  from 
time  to  time,  by  the  common  council,  to  ring,  three  times,  each  day, 
Sundays  excepted,  at  the  hours  of  eight  in  the  forenoon,  at  noon,  and 
at  nine  in  the  evening,  but  he  shall  not  continue  ringing  more  than  one 
minute  at  p,py  one  time. 

§ 27.  The  common  cryer  appointed  by  the  common  council,  shall 
until  otherwise  ordered  by  the  said  common  council,  have  the  exclu- 
sive right  to  give  notice  of  sales  at  auction,  or  of  other  matters  pro- 
claimed by  public  outcry  within  the  city  of  Schenectady,  and  if  any 
other  person  shall  give  any  such  notice,  such  person  shall  be  subject  to 
a penalty  of  one  dollar  for  each  offence ; provided,  however,  that  noth- 
ing herein  contained  shall  prevent  any  person  from  crying  in  the  streets, 
fish,  sand,  or  other  things  brought  to  the  city  to  be  sold  in  said  streets, 
by  the  person  owning,  or  having  charge  of  the  same. 

§ 28.  The  said  common  cryer  shall  take  good  care  of  the  bell  with 
which  he  is  furnished  by  the  common  council,  and  replace  the  same  if 
lost  or  broken  by  his  own  carelessness  or  fault,  and  deliver  the  same 
ever  to  his  successor,  on  the  expiration  of  his  office. 


110 


§ 29.  He  shall  not  ring  said  bell,  nor  make  any  public  outcry  on  Sun- 
day, nor  before  six  o’clock  in  the  morning,  or  after  sun  down  in  the  eve- 
ning, nor  near  any  of  the  public  places  of  worship,  in  said  city,  while 
divine  service  is  performing  therein,  on  any  other  day  of  the  week. 

§ 30.  The  inspector  and  measurer  of  wood,  shall  have  the  exclusive 
right  to  measure  all  wood  sold  by  the  cord,  within  the  bounds  of  the 
police  district  of  the  city  of  Schenectady,  and  shall  be  entitled  to  the  sum 
of  six  cents  and  no  more  for  every  cord  he  shall  so  measure,  one  half 
to  be  paid  by  the  seller,  and  one  half  by  the  buyer,  and  it  shall  be  the 
duty  of  the  said  inspector  to  attend,  at  any  reasonable  hour  during  the 
day  time,  to  the  measuring  of  all  wood  so  sold,  when  called  upon  by  any 
person  interested,  and  for  any  neglect  of  his  duty,  or  for  charging  more 
than  the  above  prescribed  fee  for  his  service,  he  shall  be  subject  to  a 
penalty  of  five  dollars. 

§ 31.  If  any  other  person  than  the  wood  inspector  appointed  by  the 
common  council,  shall  take  upon  himself  to  measure  wood  offered  for 
sale  by  the  cord,  within  the  bounds  of  the  police  district  aforesaid,  ex- 
cept for  himself,  he  shall  be  subject  to  a penalty  of  five  dollars  for  ev- 
ery offence,  provided,  however,  that  nothing  in  this  ordinance  contained, 
shall  be  construed  to  restrain  the  buyer  or  seller  of  any  wood,  from 
measuring  the  same  by  himself  or  themselves,  without  the  aid  of  any 
other  person. 

§ 32.  The  account  of  all  city  officers  for  their  salaries,  or  compen- 
sation, if  payable  by  the  city  treasurer,  shall  be  presented  to  the 'com- 
mittee of  accounts,  or  to  the  common  council,  before  the  same  shall  be 
paid,  for  allowance,  and  in  case  such  officer  shall  be  indebted  to  the  cor- 
poration, the  treasurer  shall  not  pay  said  salary  or  compensation,  with- 
out deducting  such  debt,  unless  by  special  order  of  the  common  coun- 
cil. 


ill 


A LAW  providing  for  omissions  in  former  laws , and 
for  other  purposes. 

Passed  August  16,  18SS. 

1.  Blowing  horns,  &c.  prohibited  in  certain  cases. 

2.  Regulates  the  cleaning  of  Dock-street  and  Mill-lane. 

3.  Regulates  the  size  and  method  of  putting  up  signs  of  tavern  keeper*. 

4.  Fire  department  authorized  to  sue  for  fines — Report — Provisos. 

5.  Removal  of  weeds  from  streets  directed. 

6.  Provides  for  preventing  and  removing  nuisances. 

7.  Confirms  laws  passed  since  June,  1833— Repeals  certain  previous  law* 
-Proviso. 

The  Common  Council  of  the  city  of  Schenectady , duly  convened , do 
ordain  as  follows  : 

§ 1.  It  shall  not  be  lawful  to  blow  any  horn,  trumpet  or  bugle,  or  to 
ring  any  bell,  within  the  police  district  of  this  city,  for  the  pur- 
pose of  notifying  the  approach,  arrival,  departure  or  intended  depart- 
ure of  any  canal-boat,  stage,  or  railroad  carriage,  on  Sunday,  or  any 
other  day  of  the  week,  before  sun-rise  in  the  morning,  or  after  nine  o’- 
clock in  the  afternoon,  under  penalty  of  three  dollars  for  every  offence. 

§ 2.  It  shall  be  the  duty  of  the  several  owners  or  occupants  of  hous- 
es and  lots  fronting  on  Dock-street,  between  State-street  and  Mill-creek, 
to  cause  the  same  to  be  cleaned  the  whole  width  of  the  said  street,  at 
the  same  time,  and  under  the  same  penalties,  in  case  of  neglect  as  is 
provided  in  relation  to  the  owners  or  occupants  of  houses  and  lots  men- 
tioned in  the  first  section  of  the  law,  entitled,  “ a Law  for  cleaning  the 
streets , to  prevent  aud  remove  nuisances , and  for  other  purposes,”  passed 
June  20,  1833,  and  the  said  law  shall  hereafter,  in  its  other  provisions, 
be  construed  and  is  declared  to  include  Dock-street,  and  also,  in  all  its 
provisions,  to  include  Mill-lane,  from  State-street,  opposite  the  south 
end  of  Ferry-street,  to  State-street,  opposite  the  south  end  of  Church- 
street,  and  also  the  owner  and  occupants  of  houses  and  lots  thereon,  in 
the  same  manner  as  if  those  streets  were  now  paved. 

§ 3.  No  sign  of  any  inn  or  tavern-keeper,  shall  hereafter  be  put  or 
kept  up  on  any  sign  post,  in  any  street  of  this  city,  unless  such  post  be 
well  set  in  the  ground,  near  the  edge  of  the  side  walk,  nor  unless  the 
sign  attached  to  such  post  be  secured  from  swinging,  and  be  at  least 
fifteen  feet  from  the  surface  of  the  street  or  pavement,  nor,  if  said 


'll* 

sign  shall  extend  more  than  three  feet,  in  any  direction,  over  any  oi 
the  streets  of  this  city,  under  penalty,  upon  the  owner  of  such  sign,  or 
the  person  erecting  the  same,  of  five  dollars  for  setting  the  same  up, 
and  of  two  dollars  for  every  day  the  same  be  suffered  to  remain,  after 
notice  from  the  high  constable  to  remove  the  same, — Provided  that 
nothing  in  this  section  contained  shall  extend  to  the  signs  of  tavern-keep- 
ers erected  prior  to  the  tenth  day  of  Jtdy,  in  the  year  1329,  and  kept 
up  unaltered  ever  since  that  time* 

§ 4.  It  shall  be  lawful  for  the  fire  department  of  the  city  of  Schenec- 
tady, or  persons  duly  authorized  by  the  said  department,  at  their  own  pro- 
per costs  and  charges,  to  sue  for  and  recover  the  several  fines,  forfeit- 
ures and  penalties  mentioned  in  the  1st,  3d,  4th,  7th,  9th,  10th,  11th  and 
12th  sections  of  the  law,  entitled  u A law  to  prevent  injuries  by  fire  and 
for  other  purposes passed  by  the  common  council  on  the  20th  June, 
1833,  which  fines,  penalties  and  forfeitures,  shall,  when  recovered,  and 
after  all  legal  deductions  are  made,  be  paid  to  the  treasurer  of  the  said 
fire  department,  and  that  the  treasurer  of  the  said  fire  department,  shall 
annually,  on  the  first  Tuesday  of  April,  report  to  this  board  the  amount 
of  the  fines  which  may  be  received  as  aforesaid  by  the  said  department, 
and  the  application  thereof ; provided,  that  the  said  common  council,  in 
twenty  days  after  such  fines  shall  be  recovered  and  received,  shall  be 
at  liberty  to  remit  the  same,  or  any  part  thereof,  if  it  shall  be  deemed 
expedient  so  to  do;  and  provided  further,  that  if  the  treasurer  of  the 
said  fire  department,  shall  neglect  to  make  the  report  herein  before 
mentioned,  every  grant  and  provision  herein  contained,  so  far  as  relates 
to  the  said  fire  department,  shall  cease  and  be  void ; and  further,  that 
this  section  may  be  altered,  modified  or  repealed,  at  the  pleasure  of  the 
common  council. 

§ 5.  It  shall  be  the  duty  of  the  several  owners  and  occupants  of  a 
lot  of  lots,  fronting  on  any  of  the  streets  and  lanes  of  this  city,  which 
are,  or  may  be  required  by  the  laws  of  this  corporation,  to  be  cleaned 
by  such  owners  or  occupants,  to  remove  all  noxious,  or  unsightly  weeds 
from  the  street  adjoining  said  lots,  at  the  same  time  that  such  owners 
or  occupants  are  or  shall  be  bound  to  clear  such  street,  under  penalty  of 
one  dollar  for  every  neglect. 

§ 6.  That  it  shall  be  lawful  for  the  mayor,  recorder,  or  any  one  of 
the  aldermen  of  this  city,  to  direct  the  high  constable  to  enter  in  the 
day  time,  and  examine  into  any  building  of  any  kind,  cellar,  lot  of 
ground,  alley,  sink,  vault  or  privy,  which  they  may  have  reason  to  be- 
lieve are  foul,  damp,  sunken,  or  ill  constructed,  and  may  direct  the 


113 


the  cleaning,  altering  and  amending  the  same ; the  draining  off  of  any 
stagnant  waters  from  any  lot,  and  the  removal  of  all  nuisances  in  and 
about  the  said  premises ; and  if  any  owner  or  possessor  of  any  such 
building,  cellar,  lot  of  ground,  alley,  sink,  vault  or  privy,  shall  neglect 
or  refuse  to  obey  the  directions  of  the  said  mayor,  recorder  or  aider- 
man  authorized  by  this  section,  such  offender  shall  pay  a penalty  not  ex- 
ceeding fifty  dollars.  And  the  said  high  constable  shall,  from  time  to 
time,  report  to  the  mayor,  recorder,  or  some  alderman  of  this  city,  all 
such  buildings,  cellars,  lots,  alleys,  sinks,  vaults  or  privies,  as  may  in 
his  judgment  require  to  be  cleansed,  altered,  amended  or  drained,  for 
the  security  of  the  health  of  the  city. 

§ 7.  All  laws  passed  by  this  common  council,  since  the  first  day  of 
June  last,  shall  be  and  hereby  are  declared  to  be  in  full  force,  notwith- 
standing the  said  laws  purport  to  have  been  passed  by  the  mayor, 
recorder  and  aldermen  of  said  city  only  ; and  all  laws  passed  by  the 
said  common  council,  prior  to  the  said  first  day  of  June  last,  repugnant 
to,  or  within  the  purview  of  the  laws  passed  by  the  said  common  coun- 
cil since  that  day,  are  hereby  repealed ; Provided,  that  such  repeal 
shall  not  affect  any  suit  for  any  penalty  already  commenced,  or  any  pro- 
cess or  proceeding  for  the  collection  of  any  such  penalty,  but  that  as 
to  such  suit,  process  or  proceeding,  the  said  former  laws  shall  be  con- 
sidered and  continued  in  force. 

P 


/ 


114 


A LAW  for  establishing  the  office  of  City  Surveyor . 

Passed  August  21,  13S3r 

1.  Appointment  of  City  Surveyor.  His  oath  of  office. 

2.  Duties  of  City  Surveyor.  Maps  made  by  him  how  disposed  of. 

3.  Regulates  the  erecting  of  buildings  and  fences  on  streets  withinhhe 
police  district.  Penalties. 

4.  Fees  of  City  Surveyor  when  employed  by  private  persons. 

5.  Individuals  applying  to  common  council,  in  relation  to  lands  or  streets, 
when  to  furnish  map,  and  how. 

6 . Compensation  of  City  Surveyor,  when  employed  by  Common  Council. 

The  Common  Council  of  the  city  of  Schenectady , duly  convened , do 
ordain  asfollovjs : 

§ 1.  The  Common  Council  shall,  from  time  to  time,  when  they  think 
proper,  appoint  some  suitable  person,  to  be  called  the  City  Surveyor, 
who  shall  hold  his  office  during  the  pleasure  of  the  said  Common  Coun- 
cil, and  before  he  enters  upon  its  duties,  take  the  oath  of  office  prescrib- 
ed by  the  constitution  of  this  state. 

§ 2.  It  shall  be  the  duty  of  the  said  City  Surveyor,  to  assist  the  Com- 
mon Council,  or  any  of  their  committees,  in  laying  out,  regulating,  lev- 
elling or  pitching,  all  streets  and  roads,  or  ground  intended  or  required 
therefor,  within  the  bounds  of  this  city,  by  making  all  such  surveys, 
maps  and  profiles,  as  shall  be  required  of  him,  and  by  causing  the  ground 
to  be  properly  staked  out  for  working  on,  and  also  to  survey  and  make 
maps  of  any  lands,  within  the  bounds  aforesaid,  and  to  give  his  advice 
and  opinion  on  any  matter  concerning  such  lands,  whenever  it  is  requir- 
ed of  him,  by  the  said  Common  Council ; and  all  maps  made  by  the 
said  City  Surveyor,  by  direction  of  the  said  Common  Council,  or  any 
of  their  committees,  shall  be  filed  with  the  Clerk  of  this  city,  to  be  by 
him  retained  in  his  own,  or  deposited  in  the  treasurer’s  office,  accord- 
ing to  law. 

§ 3.  No  person  shall  hereafter  erect  any  building  or  fence,  on  any 
street,  within  the  police  district  of  this  city,  unless  the  "range  of  the  said 
building,  with  the  street,  shall  have  first  been  laid  down  by  the  city  sur- 
veyor, under  the  penalty  of  twenty-five  dollars  for  each  offence  ; and 
if  any  building  or  fence,  hereafter  to  be  erected,  or  any  part  thereof, 
^hall  project  into  the  street,  beyond  the  range  of  such  street,  so  laid 


115 


down  by  the  city  surveyor,  the  person  erecting  the  same  shall,  within 
three  days  after  notice  thereof  is  given  to  him,  by  the  city  surveyor,  re- 
move the  said  building  or  fence  within  the  range  so  laid  down  as  afore- 
said, under  the  penalty  of  twenty-five  dollars,  and  a further  penalty  of 
five  dollars  for  every  twenly-four  hours  that  the  said  building  or  fence 
shall  be  continued  beyond  such  range,  which  penalty  or  penalties  shall 
be  in  addition  to  any  other  liability  to  which  such  person  may  by  law  be 
subject. 

§ 4.  The  City  Surveyor  shall  be  entitled  to  the  sum  of  one  dollar  for 
laying  down  the  range  of  the  street,  for  each  lot  on  which  any  person 
shall  place  any  building,  or  put  up  any  fence,  adjoining  such  street,  to 
be  paid  by  the  owner  of,  or  builder  on,  said  lot. 

§ 5.  Whenever  any  application,  of  a local  or  private  nature,  shall  be 
made  to  the  common  council,  in  relation  to  lands  or  streets,  which  shall 
require  a map  to  elucidate  the  same,  the  applicant  or  applicants  shall, 
at  his  or  her  expense,  furnish  the  Common  Council,  or  their  committee, 
with  such  map,  made  by  the  said  city  surveyor,  whose  duty  it  shall  be 
to  make  the  map,  and  the  surveys  necessary  to  complete  the  same,  un- 
der his  official  responsibility. 

§ 6.  Whenever  the  city  surveyor  shall  be  employed  by  the  common 
council,  to  take  a survey,  or  perform  any  other  duty  of,  or  belonging  to 
a surveyor,  he  shall  receive  such  compensation  therefor  as  may  be 
deemed  reasonable. 


* 

/ 


■ 

' 

■ 

. 


TO  THE 

STATE  AND  CITY  LAWS. 


[7  he  first  column  of  figures  refers  to  the  page,  the  second  to  the  section .] 


A 

Aldermen.  page. 


Ex-officio  justices  of  peace,  11 

Not  to  receive  compensation, 
except  in  certain  cases,  37 

Eligible  to  office  of  Mayor,  38 

B 

Bell  Ringer. 

When  to  ring  bell,  109 

Not  to  ring  for  more  than  one 
minute,  109 

Board  of  Health. 

Com.  Council  may  appoint,  24 

Members  to  be  compensated,  24 

T o consist  of  members  of  com. 

council,  99 

Three  members  with  the  may- 
or, a quorum,  99 

High  constable  to  execute  or- 
ders of  board,  99 

City  physician  to  attend  meet- 
ings, &c.  99 

Compensation  of  members,  &c.  99 

Board  of  Magistrates . 

How  appointed,  11 

Duties,  12 


Buildings.  page 

Used  as  blacksmiths’  shops, 

&c.  how  to  be  constructed,  89 
— — to  be  lined  with  brick,  89 
fire  places  and  chim- 


nies  in,  how  to  be  built, 

floor  to  be  covered  with 


89  31 

90  32 


mortar  in  certain  cases 
Penalty  for  violation  of  above 
provisions, 

Qg  Com.  Council  may  direct  tak- 
ing down  of  dangerous  buil- 
26  dings> 

When  erected  on  streets, 
range  to  be  laid  down  by 
city  surveyor, 

39  Penalty  for  neglect  to  have 
39  range  laid  down, 

Penalty  for  neglect  to  conform 
to  surveyor’s  range, 

Butchers. 

To  be  subject  to  the  regula- 
tions of  Com.  Council,  72  1 

To  be  licensed  by  mayor,  72  I 

Penalty  for  selling  without  li- 
cense, 73  1 

To  keep  stalls  well  supplied,  73  4 

Each  to  sell  at  his  own  stall 
only,  73  4 

20  Penalty  for  selling  unwhole- 
some meat,  74  C 


90  33 


24  42 


114  3 

114  3 


115  3 


INDEX  TO  LAWS. 


page 

To  .submit  closets,  &c.  to  the 
inspection  of  superintendant  74 
To  keep  cellars  & tables  clean,  74 


To  sweep  floor  of  market- 
house,  & remove  offal  &c.  74 

To  be  liable  for  the  acts  of  their 
agents  or  servants,  75 

To  forfeit  license  on  non-pay- 
ment of  penalties,  75 

Penalties  for  the  use  of  inde- 
cent language,  by  butchers 
or  their  servants,  75 

Not  to  sell  in  market  on  Sun- 
day, 76 

To  clean  streets  weekly,  76 


§ 

7 

8 

8 

12 

12 

13 

14 
4 


page  § 


To  be  appointed  by  com.  coun- 
cil, 11  17 

To  take  oath  of  office,  11  17 

Names  of,  designated,  103  1 

When  to  be  appointed,  103  1 

To  take  and  subscribe  oath,  104  2 

Their  compensation,  104  2 

What  duties  to  be  performed 
by  them  for  their  fixed  com- 
pensation, 104  2 

Accounts  of,  how  to  be  audited 
and  allowed,  110  32 

Debts  due  from,  to  be  deduct- 
ed from  accounts  by  treas- 
urer, 110  32 


c 

Census. 

To  be  taken  every  tenth  year,  51  1 

Com.  council  to  appoint  mar- 
shal, 51  2 

Charcoal. 

To  be  sold  by  measurement,  59  1 

Capacity  of  measures,  59  1 

Measures  to  be  sealed  and 
marked,  59  1 

Duty  and  fees  of  examiner,  59  1 

Penalty  for  selling  without 

measurement,  60  2 

Law  when  not  to  apply,  60  2 

Chimney  Sweeps. 

To  be  licensed,  88  27 

Penalty  for  neglect  to  sweep 
chimnies  when  required,  88  27 

No  person  to  sweep  chimnies 
without  license,  88  27 

City. 

Bounds  of,  5 1 

Name,  5 1 

Wards,  7 2 

Officers,  7 34 

Certain  acts  relative  to,  repealed,  24  43 
Power  of  legislature  to  re- 
peal act  relating  to,  25  44 

List  of  acts  relative  to,  53 

City  Clock. 

Regulation  as  to  repairs  of,  109  25 

Duty  of  regulator  of,  109  25 

City  Officers. 

To  be  elected,  7 4 


City  Physician. 

To  be  appointed  by  common 
council,  91  1 

His  compensation,  91  1 

Duty  to  attend  paupers  not  in 
the  alms  house,  91  1 

To  advise  with  board  of  ma- 
gistrates or  common  council,  91  1 

To  make  report  to  com.  coun- 
cil and  attend  their  meet- 
ings when  requested,  91  2 

To  inoculate  with  kine  pock,  91  3 

Compensation  for  this  service,  91  3 

Duty  with  respect  to  board  of 
health,  99  3 

City  Surveyor. 

To  be  appointed  by  the  com. 

council,  113  1 

To  take  oath,  114  1 

Duty  of.  114  2 

Maps,  &c.  made  by  him  to  be 
filed  with  clerk  114  2 

To  lay  down  range  of  new 
buildings  and  fences,  114  3 

Fees  for  defining  range  of 
new  buildings,  115  4 

Maps  to  be  made  for  private 
persons  in  certain  cases,  115  5 

Compensation,  115  6 

Clerk. 

To  provide  and  keep  book  of 
minutes,  19  S3 

Minutes  to  be  open  for  inspec- 
tion, 19  33 

Compensation,  19  ,.  33 

To  certify  to  supervisors,  an- 
nually, names  of  assessors 
and  collectors,  42  1 


INDEX  TO  LAWS. 


page  § 

To  furnish  list  of  firemen  to 
fire-wardens,  89  29 

Duty  as  to  books,  papers,  &c. 

of  com.  council,  104  3 

To  deliver  maps,  leases,,  &c. 

to  treasurer.  104  4 

To  take  treasurer’s  receipt  for 
the  same,  104  4 

To  deliver  copies  of  certain 
resolutions  to  treasurer,  104  4 

To  deliver  original  accounts 
to  treasurer,  104  4 

To  inform  city  officers  of  ap- 
pointment and  election,  105  5 

To  furnish  chairmen  of  com- 
mittees with  resolutions,  105  G 

To  record  by-laws  & ordin- 
ances, ‘ 105  7 

To  furnish  laws,  &c.  directed 
to  be  published,  to  printer,  105  7 

Commissioners  8f  Notaries. 


Common  council  to  deter- 
mine their  number  annually  51  2 

Copy  to  be  sent  to  governor,  52  3 

Common  Council . 

Members  of,  7 3 

Duties  of  members,  7 3 

Members  ineligible  to  offices 
of  profit  in  certain  cases,  38  2 

Meetings  of,  where  to  be  held,  10  16 

Annual  meeting,  10  16 

Special  meetings,  10  16 

Mayor,  and  in  his  absence, 
recorder  to  preside  at  meet- 
ings, 11  16 

To  appoint  certain  officers,  11  17 

Members,  commissioners  of 

highways,  15  27 

Power  to  make  by-laws  and 
ordinances,  15,  16,  17,  18  § 29,  31  9 

to  inflict  penalties,  18  29 

May  direct  the  taking  down 
of  dangerous  buildings,  &c. 
at  expense  of  owner,  24  42 


Common  Lands. 

Trespasses  on,  how  punished  30  1 

Common  Schools. 

Money  for  support  .of  in  city,  ) 32  2 

how  to  be  apportioned,  >34  1 

S 35  6 

How  to  be  paid,  \ 34  2-3 

*35  7 


page  § 

Annual  census  of  children  to 


be  made  by  assessors,  35  4 

Reports  of  trustees  of  certain 
districts  to  be  attested,  35  5 

Assessors  to  furnish  annual 
abstract  to  county  treasurer,  35  8 

Certain  sections  of  law  respect- 
ing, repealed,  36  9 

Teachers  of,  to  make  annual 
report,  36  150 

Territory  without  police,  how 
to  be  divided,  36  151 

Constables. 

Special,  their  appointment  & 
powers,  12  22 

Bond  to  be  given  by,  13  23 

May  be  prosecuted,  with  sure- 
ties, for  neglect  to  return 
execution,  &c.  13  23 

Amount  of  recovery,  13  23 

Evidence  of  suretyship,  13  23 

Action  against,  to  be  com- 
menced within  two  years,  13  23 

Corporation. 

Style  of,  5 1 

Powers  of,  5 1 

Cryer . 

Privilege  of,  109  27 

To  be  furnished  with  a bell 

by  com.  council,  “ 28 

Duty  with  regard  to  bell,  “ 28 

When  and  where  not  to  ring- 
bell  or  make  outcry,  110  29 

E 

Elections. 

City  officers  to  be  chosen  at,  7 4 

To  be  by  ballot,  8 5 

Inspectors  to  be  appointed,  8 5 

Their  duties  and  powers,  8 5-6 

Further  powers  of  inspectors,  10  13 

Regulations  as  to  form  and 
disposing  of  ballots,  8 5 

Clerk  to  be  appointed  by  in- 
spectors, and  to  take  oath,  8 6 

Timeof  opening  and  closing  poll,  8 6 

Poll  list  to  be  kept,  8 6 

Ballots  how  to  be  counted  and 
canvassed,  8 6 

Certificate  to  be  made  and  fil- 
ed by  inspectors,  9 6 

Duty  of  inspectors  when  an 
elector  is  challenged,  9 7 

Oath  of  challenged  elector,  9 8 


IV 


INDEX  TO  LAWS. 


page 

Oath  of  elector  if  a colored  man,  9 
Elector  taking  the  oath  to  vote,  9 
False  swearing,  how  punishable,  9 


Certain  convicts  not  td  vote,  10 

Elections  in  case  of  vacancies,  10 

Fine  for  neglect  or  refusal  to 
serve  when  elected,  10 

Inspectors  of  general  election, 
how  appointed,  52 

to  inspect  special  elec- 
tions, 52 

Two  inspectors  may  act,  52 

Common  council  may  supply 
vacancies  in  board  of  inspec- 
tors, 52 


Excise  Law. 

See  high  constable. 


F 

Fences. 

Partition  fences,  how  made 
and  kept  in  repair,  94 

Disputes  concerning,  how  to 
be  settled,  94 

Allotment  of  particular  por- 
tions of  partition  fences, 
how  to  be  made,  95 

Owners  of  vacant  lots,  not  o- 
bliged  to  contribute  to,  95 

Value  of  fence  maybe  recover- 
ed, when  lot  shall  be  occu- 
pied, 95 

Value  how  to  be  ascertained,  95 
Height  of,  prescribed,  95 

What  fences  to  be  deemed  suf- 
ficient, 96 

Mayor  &c.,  may  direct  lots  to 
be  enclosed,  96 

W hat  to  be  deemed  due  service 
of  notices  under  this  law,  96 
When  erected  on  streets, range 
to  be  laid  down  by  city  sur- 
veyor, ” 114 

Penalty  for  neglect  to  have 
range  laid  down,  1 14 

Penalty  for  not  conforming  to 
range,  115 

Fence  Viewers. 

To  be  appointed,  94 

Duties  and  powers  of  ill 

$94 

When  two  appointments  are 
made,  the  first  to  be  acted 
under,  96 


§ 

9 

10 

10 

11 

12 

14 

14 

15 

16 


Fire  Companies. 

Number  of  firemen  in  each, 
Captains  of,  how  to  be  chosen 
and  commissioned, 

Duties  of  captains, 

Who  to  preside  at  elections, 
Engines  not.  to  be  applied  to 
private  use, 

Captains  to  give  notice  of 
meetings  to  firewardens, 
To  submit  engines,  &c.  to  in- 
spection of  firewardens 


page  § 
84  16 

84  16 
84  16 

84  16 

85  17 
89  29 
89  29 


16 


3 

3 

4 

5 

5 

5 

6 

7 

8 
9 

3 

3 

3 

2 

17 

2 

9 


Fire  Department. 

Incorporated,  39  1 

Powers  of,  39  1 

Representatives  to  be  chosen,  39  2 

Officers,  39  3 

Duties  of  trustees,  president 
and  treasurer,  40  3 

Powers  of  representatives, 
quorum,  40  3 

Vacancies  how  to  be  supplied,  40  3 

By-laws,  &c.  40  4 

Corporation  not  dissolved  by 
failure  to  hold  elections,  40  5 

Funds  how  to  be  appropriated,  41  6 

Compensation  of  firemen,  41  7 

Certificate  of  service  when 
sufficient,  41  8 

Construction  and  repeal  of 
act,  41  9-10 

Regulations  as  to  suing  for 
fines  incurred  by  members,  112  4 


Fire  Inspectors. 

To  be  appointed, 

Penalty  for  refusing  to  serve, 
Duties  of 

Penalty  for  neglect  of  their 
requisitions 
Further  duties  of, 

Time  limited  for  complying 
with  their  directions 
Penalty  for  neglect  of  duty  by, 

Firemen , 

Exemptions  of, 

Duty  on  occurrence  of  fires, 
By  whom  to  be  controlled, 
Penalty  for  absence  or  neglect 
of  duty  at  fires, 

To  keep  engines  clean  and 
in  good  order, 

To  be  furnished  with  and 
wear  badges, 


79 

1 

79 

1 

79 

1 

79 

1 

SO 

2 

80 

2 

80 

4 

41 

5 

84 

17 

84 

17 

85 

17 

85 

18 

85 

19 

INDEX  TO  LAWS, 


v 


page  § 

Penalties  for  neglect  of  duty,  85  19 
To  obey  firewardens,  88  28 

Fires . 

Prevention  of, 

Stove  pipes,  how  to  be  put  up,  80 
Penalty  for  suffering  chimney 
to  take  fire  80 

Hay,  straw,  (fee.  how  to  be  kept,  81 
Ovens  in  yards  to  have  chim- 
nies, 

Regulations  concerning  barns, 
and  stables, 

Hay,  shavings,  &c.  not  to  be 
thrown  in  the  street, r'&c. 

Not  to  be  suffered  to  be  in  the 
street  in  the  night  t<me, 

Firing  guns,  squibs,  &c.  in 
city  prohibited, 

Smoking  segar  or  pipe  among 
shavings  prohibited, 

Carrying  fire  in  an  open  ves- 
sel, prohibited, 

Burning  shavings,  &c.,  in 
streets,  without  permission 
prohibited, 

Carpenters,  &c.  when  to  re- 
move shavings, 

Lighted  candles  how  to  be 
used  by  carpenters,  &c. 


Regulations  respecting  black- 
smiths’ shops,  &c.  89,  90 


82 

8 

82 

9 

82 

10 

82 

10 

82 

11 

83 

11 

83 

11 

83 

12 

83 

13 

83 

13 

83 

14 

page  fl 

To  make  report  to  eotn.eouncil,  89  29 
To  preside  ut  elections  of  fire 
companies,  and  report  result 
to  common  council,  84  16 


Fisk. 

Regulations  for  preserving  in 
Mohawk  river 
Penalty, 

G 

Gaming. 

Authority  of  common  council 


30-33 


Extinguishment  of, 

Leather  buckets  to  be  provided  81 

to  be  placed  in  street  on 

occurrence  of  lires,  88 

Badges  to  be  worn  at,  81 

Duty  of  cilizens  at,  81 

Houses  to  be  furnished  with 
scuttles  and  ladders,  84  15 

Members  of  common  council 
and  fire  wardens  to  attend 
at,  with  badges,  87 

Authority  of  mayor  and  re- 
corder at,  87 

Fire  Wardens. 

To  be  appointed  and  commis- 
sioned, 88 

Duties  and  powers  88 

Which  to  have  superiority  of 
command  at  fires,  88 

To  meet  with  fire  companies, 
one st  in  three  months,  83 


to  suppress, 

Who  to  be  deemed  owners  of 
devices  for  gaming. 
Offenders  under  this  law  not 
entitled  to  jail  liberties,  ^ 

— to  be  confined  in  prison 
until  j ldgment  and  costs 
are  paid, 

Keeping  device  for  gaming, 
or  suffering  college  students 
to  visit  or  play  thereat  pro- 
hibited, 

Penalty, 

Duty  of  public  officers  to  pre- 
vent in  certain  cases, 
Penalties, 

Duty  of  high  constable  and 
treasurer  with  regard  to, 

[See  Nuisances.] 


42  8 

42  11 


14  25 
14  25 
14  25 

14  25 


23  15 
29  15 


71  4 


Gutters  Conductors. 

Construction  of,  63 


H 

Hay. 

To  be  sold  by  weight  only,  ' 
except  in  certain  cases,  67 

Public  hay-scales  and  weigh 
master  67 

Weigh  master  to  take  and 
file  oath,  68 

Fees  for  weighing  at  public 
scales,  C8 

when  to  tie  received,  69 

Compensation  of  weigh  master,  69 
Duties  of  weigh  master,  68 

Weigh  rote  to  be  given.  68 

Seller  to  have  wagon  weighed 
if  requested,  68 

Weigh  note  of  force  for  one 
day  only,  68 

to  be  delivered  to  pur- 
chaser, 63 

Q 


INDEX  TO  LAWS. 


page  § 

Hay  to  be  sold  within  one  day 
after  weighing,  63 

Weigh  master  to  certify  qual- 
ity of  hav,  68  I 

how  liable  for  misconduct,  G9  ! 

to  weigh,  register  and 

mark  wagons,  &c.  63  1C 

To  make  quarterly  returns  to 
the  city  tieasurer,  69  li 

Penalty  for  fabricating  or  al- 
tering weigh  note,  69  12 

Penalty  for  fraud  in  sale  of 
hay,  70  13 

High  Constable . 

Appointment  of,  12  22 

Powers— duties— compensa- 
tion— term  of  office — sure- 
ties— vacancy  in  office,  12  22 

To  enforce  law  for  the  sup- 
pression of  vice,  71  4 

To  report  violations  of  excise 
law,  98 

To  observe  instructions  of 
board  of  health,  99  3 

To  attend  daily  at  office  of 
mayor  and  board  of  magis- 
trates, 108  18 

To  be  entitled  to  privilege  of 
serving  certain  process,  108  19 

To  report  certain  nuisances  to 


mayor, 


113 


Highways . 

Members  of  com.  council, 'com- 
missioners of,  15  27 

City  exempt  from  certain  acts 
respecting.  15  27 

Within  city  to  be  repaired  by 
com.  council,  15  27 

[See  Streets.] 

Hook  fy  Ladder  Company . 

To  consist  of  fifteen  members,  88  21 

Duties  of,  86  21 

Penalty  for  neglect  of  duty,  86  21 

Penalty  for  defacing  stairca- 
ses, &c.  without  permission)  86  21 

Fire  hool  s,  &c.  where  to  be 
kept,  86  22 

Ladders  to  be  placed  on  car- 
riages, 86  22 

To  meet  monthly,  87  22 

Duty  of  captains  and  assis- 
tant*, 87  22 


page  5 

Penalty  for  not  being  duly  e- 
quipped,  87  23- 

Members  to  obey  fire-wardens,  88  28 

Horses. 

Place  for  public  sale  of.  may 
be  appointed,  43  20 

Hose  Company. 

To  consist  of  6 members,  87  24 
Duties  and  liability  of  mem- 
bers, 87  24 

Penalty  for  injuring  hose,  87  24 
Members  to  obey  fire-wardens,  88  28 

House  of  Correction. 

May  be  established  by  com- 
mon council,  12  21 

Powers  of  com.  council  with 
regard  to,  12  21 

Convicts  in  certain  courts  may 

be  imprisoned  in,  12  21 

Ij 

Lamp  Lighter. 

When  to  light  lamps,  108  20 

Penalty  for  neglect  of  duty,  108  20 
To  keep  lamps  clean  and  in 
good  order,  108  21 

To  report  injurj7,  &c.  of  lamps 
to  lamp  committee,  108  21 

To  inquire  for  names  of  per- 
sons injuring  lamps,  108  21 

Liable  for  injury  caused  by 
his  inattention  or  ueglect,  108  21 
Certain  expenses  may  be  de- 
ducted out  of  his  wages,  108  21 
Liable  for  acts  of  his  servants 
or  agents,  108  22 

To  light  certain  private  lamps,  109  24 

Limps. 

When  to  be  lighted,  108  20 

Penalty  for  wilfully  injuring,  109  23 
Private  lamps  when  to  be 
lighted  by  city  lamp-lighter,  109  24 

Lancaster  School  Society. 

Incorporated,  32  T 

Yearly  income  limited,  32  1 

May  hold  and  lease  real  es- 
tate, 32  1 

May  sell  personal  estate,  32  1 

Certain  monies  to  be  paid  to 
trustees,  32  9 


INDEX  TO  LAWS. 


page  § 

Trustees  of,  their  number  33  3 

May  establish  one  or  more 
schools,  33  3 

Trustees  to  be  elected  annu- 
ally, 33  4 

Office  is  and  vacancies,  33  4 

Trustees  to  publish  annual  re- 
port, 34  5 

To  appoint  a visiting  commit- 
tee, 34  5 

To  make  annual  report  to 
county  clerk,  36  150 

— — to  superintendents  of 
common  schools,  36  152 

Act,  how  to  be  construed,  33  6 

Non  -user  of  privileges,  misno- 
mer, &c.  provided  for,  34  6 

Banking  operations  prohibit- 
ed to  society,  34  6 


Laws. 

Certain  laws  of  the  common 
council  declared  in  force  1 13  7 

Certain  others  repealed,  113  7 

Proviso  as  to  suits  pending,  113  7 


Licenses , 

To  tavern  keepers  how  to  be 
granted,  13  24 

For  public  shows,  15  23;  92  2 

When  forfeited,  46  7 

To  tavern-keepers  and  gro- 
cers, how  to  be  applied  for  97  1 

Application  how  to  be  dis- 
posed of,  98  2 

Price  to  be  paid  for,  98  2 

Mayor  when  to  sign  and  seal,  98  3 

Bonds  to  be  filed  with  treas- 
urer, 98  4 

Excise  money  to  be  paid  to 
treasurer,  98  4 

Fees  for  signing,  98  4 

Report  of  mayor  to  common 
council,  98  4 

Register  of  applications  to  be 
kept  by  clerk,  98  5 

Licenses  when  invalid,  98  6 

Lotteries. 

Licenses  by  whom  to  be  grant- 
ed, 46  40 

To  be  recorded,  47  41 

Their  form,  47  41 

To  agen.s  of  managers,  47  4'. 

Price  of  licenses,  47  4’ 


YU 

page  i 


Mayor  to  pay  to  county  treas- 
urer, 49  48 

Bond  to  be  given  by  dealer  in, 
and  its  form,  48  44 

To  be  delivered  before  license 
granted,  48  45 

To  be  filed,  48  45 

Fees  lor  granting  license,  48  45 

Duty  ol  District  Attorney 
and  Court,  on  violation  of 
bond,  48  46 

Recovery  to  whom  to  be  paid,  48  46 

County  treasurer  to  keep  mon- 
ies lor  support  of  poor,  49  48 

M 

Markets. 

Market  designated,  72  1 

Market  houses  and  stalls  to 
be  the  only  places  for  sel- 
ling meats — exceptions,  73  2 

Hours  for  selling  in,  73  2 

Market  committee  to  allot 
stalls,  73  3 

Effect  of  allotment,  73  3 

Regulations  for  the  sale  of 
meat,  73  5 

Meat  not  to  be  concealed.  73  5 

Unwholesome  meat  may  be 
seized  and  destroyed,  74  6 

Penalty  for  forestalling,  &c.  74  ^9 

Regulations  for  sale  of  mutton 
and  lamb,  75  10 

Butchers’ dugs,  live  sheep,  &c. 
not  to  be  suffered  in  or  about 
the  market,  75  11 

All  meat  sold  to  be  weighed, 
weights  to  be  sealed— Pen- 
alty for  fraud,  76  15 

Superintendent,  appointment 
and  duties,  76  2 

Fees  of  superintendent,  76  3 

Superintendent  to  enforce 
cleaning  of  streets,  76  4 

Marshal. 

Compensation  of,  19  33 

To  have  charge  of  common 
council  room,  106  14 

[To  procure  candles  and  fire- 
wood for  same,  ' 106  14 

To  give  notice  of  meetings  of 
. common  council,  106  14 

To  attend  meetings,  107  14 

Official  messenger  of  mayor 


INDEX  TO  LAWS. 


via 


page  § 

and  of  chairmen  of  commit- 


tees, 107  14 

Farther  duties,  107  14 

Mayor . 

Appointment  of,  7 3 

Oath  of,  10  15 

Ex-officio  justice  of  peace,  11  It 

Authorised  to  perform  certain 
duties  of  a judge  of  supreme 
court,  37  1 

Not  to  receive  compensation, 

except  in  certain  cases,  37  2 

May  be  re-elected,  3S  ] 

Regulations  for  election  of,  77  1-2 


Mohawk  Turnpike  Sf 
Bridge  Company. 


Bridges  on  road  to  be  kept  in 
repair  by  company,  25  6 

Gate  may  be  erected  on  Sche- 
nectady bridge,  25  f 

Tolls,  25  8 

Citizens  may  compound  for 
tolls,  25  8 

Gates  and  toll-houses  how  to 
be  placed,  25  c 

No  tolls  to  be  exacted  at  gate 

nearest  city  in  certain  cases,  25  3 

Toll  to  be  paid  by  citizens,  reg- 
ulated, _ 2G  1 

Evidence  of  being  citizen 

may  be  required,  27  5 

Refunding  of  full  tolls,  27  5 


N 

Night  Watch. 

See  Taxes. 

Notaries. 

See  Commissioners. 

Nuisances. 

Discharging  fire-arms,  &c,  at 

certain  times,  45  3 

Exposing  gaming  tables,  &c. 

on  public  occasions,  45  4 

Cock-fighting,  playing  at 
cards,  &c,  at  taverns,  and 
on  board  passage  boats,  45  6 

Keeping  table,  &c.  for  gaming,  46  G 

Suffering  filth  to  remain  in 
any  house  or  lot,  62  4 


page  9 

Exposing  dead  carcases  in 
streets  or  lots,  63  10 

Emptying  beds  in  streets,  63  10 

Permitting  carriages  to  stand 
at  intersection  of  streets,  63  8 

Placing  bui'ding  materials  in 
streets  without  permit,  63  11 

Setting  up  a saw-horse  in 
streets,  64  13 

Inj  uring  or  defacing  bridges, 

&c.  64  14 

Suffering  any  carriage,  &c.  to 
remain  in  streets,  64  15 

Driving  horses  or  carriages 
over  side  walk,  65  1G,  17 

Depositing  fuel  or  boxes  on 
sidewalk,  without  permis- 
sion, 65  17 

T n sutler  stoops.signs  or  awn- 
ings to  project  beyond  cer- 
tain limits,  G5  IS 

Putting  up  awnings  of  less 
height  than  7 feet,  65  19 

Burning  coal  or  tar  pit  within 
city,  G5  20 

Bathing  publicly  within  cer- 
tain limits,  66  21 

Neglecting  to  trim  ornamental 
trees,  or  remove  them  when 
fallen  down,  66  23 

Doing  servile  work  on  Sunday,  70  1 

Buying  or  selling  goods  on 
Sunday,  except  fish  and 
milk,  within  certain  hours,  70  1 

To  gamble  or  allow  gambling,  71  2 

To  suffer  minors  to  gamble,  71  2 

To  allow  or  be  concerned  in 


cock  fighting,  71  3 

Suffering  horses  or  other  cattle 
to  be  at  large  in  streets,  96  10 

Suffering  swine  to  run  at 
large,  unless  ringed,  96  11 

Blowing  a horn,  &c.  on  Sun- 
day, and  at  certain  other 
times,  111  I 

Power  of  Mayor,  &c.  to  di- 
rect removal  of,  62,  4;  112  6 

Penalty  for  neglecting  direc- 
tions of  Mayor,  &c.  62,  4;  113.  6 

High  constable  to  leport,  112  6 


o 

Overseers  of  Poor. 

Their  powers,  11  17 


INDEX  TO  LAWS. 


pago  § 

Ter  submit  accounts  to  com- 
mon council,  43  5G 

F 

renallies. 

Common  council  may  inflict,  18  21 
Not  to  exceed  fifty  dollars,  18  21 
How  recoverable,  18  2! 

No  stay  of  execution,  without 
consent  of  T reasurer,  18  21 

No  exemption  to  bo  allowed 

on  execution,  18  21 

Declaration  how  to  be  made,  18  21 

Police  District. 


To  act  as  mayor  in  certai: 
cases, 

Power  and  fees  as  judge, 

Repeal. 

f certain  acts  of  state  legisla 
ture,  relating  to  city, 

Of  certain  laws  of  common 
council, 

s 

Seivrrs. 

Public— powers  of  common 
council  with  regard  to, 


24  4( 


Defined,  14  2( 

. Police  Office. 

May  be  established  by  com- 
mon council, 

Police  Justices. 

Common  council  may  appoint 
three, 

Their  term  cf  office  and  pow- 
ers, 

Poor. 

Monies  to  support  city  poor, 
how  to  he  raised, 

Pound. 

Keeper  to  be  appointed, 

To  take  and  file  oath, 

Powers  of  pound  master, 

Public  Shows. 

Common  council  may  prohibit, 

May  grant  license  for. 

Amount  of  penalty  and  price 
of  license, 

Within  city,  prohibited, 

Mayor  or  Recorder  may  grant 
license  for, 

Not  more  than  ten  dollars  to 
be  taken  for  one  license, 

Fees  for  granting  license, 

Price  of  license  to  be  paid  to 
city  treasurer, 

R 

Recorder. 

Ex-officio  justice  of  peace, 


Signs. 

Of  tavern  keepers,  how  to  be 
erected,  111  3 

Proviso  as  to  those  erected  be- 
fore June  10,  1829,  112  3 

[See  Nuisances.] 

State  Laws. 

List  of  such  as  relate  to  citv, 

53,4,5,  6,7,8 


43 


94 
94 

11  17 


15  2f 
15  2b 


15  2b 
92 


92 


page 

a 

§ 

11 

ID 

11 

19 

24 

43 

> 93 

1 

J i 13 

7 

15  27 


Streets. 

ower  of  com.  council  to  di- 
rect pavir.o-,  &c.  of  19  34 

Expense  of  paving,  &c.  how 
to  be  collected,  when  done 
by  com.  council,  £0  34-35 

Same  in  case  of  vacant  lots,  20  35 

When  paid  by  persons  not  le- 
gally obliged  to  pay  same, 
how  to  be  recovered,  21  36 

Owner  or  landlord  liable  for 
expense,  21  36 

om.  council  may  open  to  the 
width  of  4 rods,  21  37 

Method  of  proceeding  in  tak- 
ing vacant  lots,  21  37 

Right  of  appeal  by  owner,  23  37 
When  known  owner  of  vacant 
lot  is  a minor,  23  38 

Streets  to  be  cleaned  and  dirt 
removed  at  certain  times,  Cl  1 

Duty  of  high  constable  and 
<j2  cl  treasurer,  with  regard  to,  Cl  2 

**  Mayor,  <S:c.  may  direct  remov- 
al of  dirt  from  streets,  61  3 

Dirt  not  to  be  deposited  in,  62  6 

Dirt  caits  and  wagons  to  have 
11  M tight  boxes,  &c.  62  6 


INDEX  TO  DAWS. 


page  § 


Snow  to  be  removed  from 

sidewalks  and  gutters,  62  7 

Arrangement  of  market  wag- 
ons in  streets,  62  8 

Gutters  and  conductors  how 
to  be  constructed,  63  9 

Building  materials  not  to  be 

placed  in,  without  permit,  63  11 

to  be  piled  compactly,  64  12 

High  constable  to  report  vio- 
lations of  § 11  and  12,  64  12 

to  remove  fallen  trees 

in  certain  cases,  66  22 

Builders  and  superintendents 
to  clean  in  certain  cases,  66  23 

Forfeitures  by  minors,  how 
recoverable,  67  24 

Weeds  to  be  removed  from, 

at  certain  times,  112  5 

Regulations  as  to  Dock-street 
and  Mill-lane,  111  2 

[See  Nuisances.] 


Suits. 

Citizens  may  be  jurors  and 
witnesses  where  com.  coun- 
cil is  a party,  18  30 

Plea  of  general  issue  allowed 
to  certain  persons,  18  30 

Superintendent  of  City. 

Compensation,  19  33 

Superintendent  of  streets. 

Duty  of,  107  15 

Work  to  be  done  by  him,  107  15 

Account  of  expenses  to  be 

kept  by  him,  107  16 

Monthly  report  to  the  com- 
mittee on  streets,  107  16 

Committee  to  present  his  re- 
port to  common  council,  107  16 

Duty  in  employing  laborers  &c.  107  16 

Where  owners  of  lots,  &c. 

neglect  to  pave  streets,  107  17 

Supervisors. 

To  deliver  names  of  collectors 
and  assessors  to  board,  42  1 

Swine. 

High  constable  to  see*  law  res- 
pecting, enforced,  97  12 

[See  Nuisance#.] 


T * 

Taxes. 

For  night  watch,  14  26;  19  31 

For  lighting  streets,  14  26 ; 19  31 

For  watch  & lights  on  ia  «i 

whom  to  be  imposed,  \ /*>i  61 

For  defraying  expenses  of 
highways  and  bridges,  15  27 

For  support  of  poor,  15  27 

Duty  of  supervisors  with  re- 
gard to,  15  27 

Road  and  poor  tax  to  be  paid 
to  city  treasurer,  15  27 

Upon  the  owners  and  possess- 
ors of  dogs,  authorised,  31  9 


Timber , 

Drifted  on  shore,  how  to  be 
recovered  by  owner,  49  1 

Disputes  as  to  damages,  to  be 
settled  by  fence  viewers,  49  2 

Fence  viewers  may  issue  pro- 
cess for  witnesses,  50  3 

Notice  to  be  given  in  certain 
cases,  50  4 

Town  clerk  to  file  notice,  50  5 

Lumber  may  be  detained  till 
damages  are  paid,  50  6 

Town  clerk  to  sell,  after  six 
months,  50  7 

Notice,  &c.  of  sale,  50  7 

Fees  of  clerk  for  selling,  50  8 

Avails  how  to  be  disposed  of,  50  8 

Specification  of  damages  to  be 
made  and  filed,  51  9 

Treasurer , 

To  give  a bond,  19  32 

Bond  of,  to  be  renewed  annu- 
ally, 19  32 

Compensation,  19  33 

To  publish  annual  report,  19  33 

To  allow  use  of  his  name  in 
certain  suits,  71  • 4 

When  to  take  oath  of  office,  105  8 

Bond  and  sureties,  105  Q 

Neglect  to  take  oath  and  give 
bond,  to  be  deemed  a refusal 
of  the  office,  105  8 

Another  may  be  elected  in 
case  of  such  neglect,  105  8 

What  papers,  &c.  to  be  depos- 
ited in  his  office,  105  9 

No  paper  to  be  taken  from  his 
office,  without  leave  of  eom. 
council,  105  9 


INDEX  TO  LAW'S, 


xi 


page 

To  take  a receipt  for  every 
paper  given  from  his  office , 105 

What  monies  to  be  paid  to  him  105 

Monthly  report  to  common 
council, 

Duty  with  regard  to  collection 
of  debts, 

Books  of  account  to  be  kept 
by  him, 

Certain  separate  accounts  to 
be  kept, 


Books  may  be  inspected  by 
members  of  com.  council, 
Information  to  be  furnished 
by  him, 


pike. 

Paving  road  within  limits  of 
city, 

u 

Union  College. 

Penalty  for  enticing  or  per- 
mitting students  of)  to  gam- 
ble. 

Wine,  &c.  not  to  be  furnished 
to  students,  except  in  cer- 
tain cases, 

Duty  of  justices  to  issue  pro- 
cess in  certain  cases, 
Penalty — amount  how  to  be 
collected  and  disposed  of 
Above  provisions  extended  to 
former  out-wards  of  city, 

V 

Vacancies. 

How  to  be  supplied, 

In  office  of  high  constable, 

Vagrants. 

Who  to  be  deemed  such, 
Constables  to  arrest  when  re- 
quired, 

Justice  of  the  peace  may  com- 
mit to  alms  house,  house  of 
correction  or  jail, 

Children  begging  to  be  com- 
mitted to  almshouse, 

— — how  to  be  employed  and 
discharged, 


105 

10 

106 

11 

106 

12 

106 

12 

■ 106 

12 

106 

13 

106 

13 

106 

13  : 

Turn - 

28 

6 

] 

:] 

1 

28 

15 ' 

( 

29 

34] 

29 

5, 

29 

5' 

30 

?! 

10 

12  1 

12 

22] 

43 

11 

44 

21 

I 

44 

31 

44 

4 

] 

44 

4 

W p»i*  * 

Wood. 

Public  inspector  alone  to 
| measure  wood  offered  for 
sale,  110  30 

Duties  and  fees  of  Inspector,  110  30 
Penalty  for  neglect  of  duty,  110  30 
Penalty  for  measuring  by  oth- 


Weighls  $ Measures. 

Examiner  to  be  appointed,  100 

To  hold  office  during  pleasure 
of  com.  council,  100 

is  oath,  102 


vided  by  city, 


filed, 

.oss  or  injury  of  sta 
how  to  be  repaired, 


100 

100 


100 


unmarked  weights,  &c.  100 


in  certain  cases, 

'o  inspect  and  mark  we 
&c.  produced  to  him, 
Iratuitous  inspection  ui 
certain  date, 
ees  to  be  received  after 
tain  date, 

’o  be  paid  for  correcting 
’o  have  a lien  on  mea: 
&c.  for  his  fees, 


100 

100 


100 

100 


duce  weights  &c,  to  exam- 
iner, 

Ixaminer’s  duty,  as  to  unin 
spected  weights,  &c. 
lotice  to  be  given  by  mm 
Where  scales,  &c.  are  found 
illegal, 

enalty  for  using  same  i 
corrected. 

inding  illegal  scales,  pi 
facie  evidence  of  use, 


neglect  of  duty,  by  examin- 


100  1 


100  3 

100  2 


100  3 


101  4 

L- 

101  4 


102  5 

102  5 


102  6 


102  7 


ler*  of  milk,  bear,  fruit,  &c,  102  9 


* . ' ‘ 

- # 

ERRATA. 

Dele  the  words  “ of  ballots  so  counted  shall  exceed  the  number,”  from 
the  beginning  of  the  1st  line,  9th  page. 

For/4  u”  read  “ n,”  in  the  last  syllable  of 44  notwithstanding,”  28th  line, 
18th  page. 

Dele  “ e”  in  “ suing,”  13th  line,  39th  page. 

Add  “ a”  to  beginning  of  10th  line,  44th  page.  * 

Insert  “ by  the”  between  or”  and  “ load,”  9th  line,  60th  page. 

For  “ one”  read  44  an,”  15th  line,  65th  page. 

For  “ should”  read  “ shall,”  20th  line,  68th  pagev  . 

Insert  “ he”  between  “ fee”  and  “ shall,”  35th  line,  68th  page. 

For  “ oP  read  u or,”  at  the  beginning  of  2d  line  froift  bottom,  7Sdpage. 
Dele  “ s”  from  “ wards,”  in  2d  line  from  bottom,  -80th  page. 

For  “ abour”  read  “ about,”  27  th  line,  81st  page. 

For  “ on”  read  “ or,”  1st  line,  84th  page. 

For  44  and”  read  “or,”  8th  line  from  bottom,  86th  page. 

Dele  “ s”  from  end  of  “ masters,”  19th  line,  94th  page. 

For  44  psrson”  read  “person,”  2d  line  from  bottom  of  page  02f. 

Dele  “i”  from  “ penalty,”  4th  line,  109th  page. 

For  “account”  read  “accounts,”  page  110,  line  7 from  bottom. 

For  V 1329”  read  “ 1829/’  7th  line,  112th  page. 

Dele  “into,”  3d  line  fropi  bottom  of  same  page. 

For  " are”  read  44  is,”  bottom  line  of  same  page. 


/ 


